of the right to development; this should be read together with the acknowledgement
in the Preamble to the UN Declaration to the principles of “international cooperation
in solving international problems of an economic, social, cultural or humanitarian
nature and… promoting and encouraging respect for human rights and fundamental
freedoms” as incorporated in the UN Charter.26
Article 8 of the UN Declaration on the Right to Development provides more
specifically that in accomplishing the right to development, states shall assure “equality
of opportunity for all in their access to basic resources, education, health services,
food, housing, employment and the fair distribution of income,” and take constructive
actions to make certain that “women have an active role in the development process,”
as well as implement “[a]ppropriate economic and social reforms… with a view to
eradicating all social injustices.”
Thus, the UN Declaration on the Right to Development obviously specifies that
the main responsibility for realising the right to development belongs to states and
that individuals are the beneficiaries. The international community has the duty to
equip states in carrying out that obligation. But the obligation to realise the right to
development through international cooperation needs the realisation of the right in
careful manner in conjunction with sustainable growth of the economy and suitable
changes to its structure.27
Considering the nature and scope of the right to development as one of the components
of the third generation of human rights under international law, it is worth examining
the human rights-based approach to the right to development (development as a
process promoting the implementation of human rights). This perspective of study
will inter alia take into account (1) the connect between development and human
right (interrelated and interdependent human rights); (2) individual and collective
dimensions (acknowledgement of the right to development as both an individual and
collective right); and (3) international solidarity (responsibilities of nation states and
international society to fulfil the right to development).28
4. Human Rights-based Approach
The human rights-based approach to the right to development is a conceptual
framework for the process of development dependant on international human
rights norms and actively aimed at the promotion and protection of human rights.
It gives attention to inequalities at the core of development problems and remedies
discriminatory practices and unjust distributions of power that obstruct development
progress causing groups of people left behind.29
Ibid., at 72.
Id., at 72-73.
28
Verma, Supra note 6, at 5.
29
UN Sustainable Group, Human Rights-based Approach, 2.
26
27
Journal of the National Human Rights Commission, Vol. 22, 2023
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