The right to development is an inalienable human right by virtue of which every
human person and all peoples are entitled to participate in, contribute to, and enjoy
economic, social, cultural and political development, in which all human beings and
fundamental freedoms can be fully realised.
The article expounds three principles:
(a) The right to development as an inalienable human right;
(b) all human rights and fundamental freedoms accomplished in the process of
economic, social, cultural and political development; and
(c) every human person and all peoples entitled to participate, contribute and enjoy
that particular process of development.
The first principle confirms the right to development as an inalienable human right
and, as such, the right cannot be taken away. The second principle designates a process
of development concerning the realisation of human rights, as set forth in the UDHR
and other human rights instruments adopted by the UN and regional bodies. The third
principle describes the rights to that development process with regard to entitlement
of the right holders to be promoted and protected by the duty bearers.25
The states have the primary duty to create favourable national and international
environment for development. Article 2(2) of the UN Declaration on the Right to
Development states that
[a]ll human beings have a responsibility for development, individually and collectively,
taking into account the need for full respect for their human rights and fundamental
freedom as well as their duties to the community, which alone can ensure the free
and complete fulfilment of the human being, and they should, therefore, promote and
protect the appropriate political, social and economic order for development.
According to Article 2(3) of the UN Declaration, such a development process would
be the goal of national development policies that states have the right and obligation
to prepare.
With regard to the state’s obligations carried out at the international level, the
UN Declaration on the Right to Development directly draws attention to the
determining significance of international cooperation. According to Article 3(3) of
the UN Declaration, “States have the duty to cooperate with each other in ensuring
development and eliminating obstacles to development” and should “fulfil their
duties in such a manner as to promote a new international economic order based on
sovereign equality, interdependence [and] mutual interest.” Further, Article 4 of the
UN Declaration clearly stipulates that states have the responsibility, individually and
collectively, to formulate international development policies to design accomplishment
25
8
Sengupta, Supra note 23, at 68.
Journal of the National Human Rights Commission, Vol. 22, 2023