Under the human rights-based approach, the process of development is secured
firmly in a system of rights and reciprocal duties under international law, including
civil, cultural, economic, political, social right and the right to development. The
human right-based approach stands in need of human rights principles (universality,
indivisibility, equality and non-discriminations, participation, accountability) to steer
the UN development cooperation in the capacity building of duty-bearers to meet their
responsibilities and that of right-holders to assert their rights. The UN agencies have
concurred on a common understanding on several essential features of the human
rights-based approach to development cooperation:
•
All programmes, policies and technical assistance for development cooperation
should help in the realisation of human rights as laid down in the UDHR and other
international human rights instruments.
•
Human rights standards derived from the UDHR and other international human
rights instruments direct development cooperation and planning at every stage of
the development process.
•
Development cooperation contributes to the development of the capacities of
duty-bearers to meet their duties and of right-holders to assert their rights.30
The right to development is a human right of every individual and all peoples to
economic, social, cultural and political development. It has both internal and external
dimensions. The internal dimension is manifested in the state obligation to draw up
national development policies towards the accomplishment of human rights. The
external dimension includes responsibilities of all states to cooperate in the realisation
of the right to development. From the viewpoint of determining norms, the internal
dimension of the right to development is a component of the international human
rights law. While human rights treaty law generally applies ratione loci and ratione
personae to the territory of the state party as the sole duty-holder, the Committee
on Economic, Social and Cultural Rights has outlined extra-territorial obligations
of international assistance and cooperation. The external dimension of the right to
development lies in a common obligation for achieving the right among a number of
duty-holders, including non-state actors and in the additional specific detail about the
collectiveaspects of the right.31
When the right to development is taken as a process for progressive realisation of
all rights, some rights could be achieved earlier than the others without violation of
any right. Progress would then be judged by the gradual change in the achievement
The right to development (encompassing both the human right to development as well as development
as human right) was also endorsed by the 1993 Vienna Declaration and Programme of Action, which
gave attention to democracy, development and respect for human rights and fundamental freedoms as
mutually reinforcing. ST/HR/2/Rev. 2, Supra note 6.
31
Stephen P. Marks & Beate Rudolf et al., ‘The Role of International Law’ in UN Human Rights Office
of High Commissioner, Supra note 16, at 459-460.
30
10
Journal of the National Human Rights Commission, Vol. 22, 2023