(A) Human Rights— Development Connect
Development is linked with human rights with individuals at the centre of development
and by affirming the avoidance of human rights breaches as an important component
of development. It is a method for the realisation of welfare and expanding freedom
as a human right under the right to development.36
The human rights-based approach to the right to development is one approach, while
the other approach considers development as human rights in itself. Conceptualisation
of development in terms of methods and engrossment is important.37 A chief element
of the perspective is that the human rights-based approach needs international
development cooperation and assistance by an agreed structure of international human
rights law under the condition of duties of both beneficiaries and donors.38 The human
right-development connect has got strength with the recognition giving momentum.
The idea of development has changed to “a general conception of development as a
process incorporating material and non-material needs [and] human rights…”39
The concept of human rights-development connect is expanding and converging as
an integrated approach. Jack Donnelly writes that “[d]evelopment and human rights
must be seen as fundamentally complementary and mutually reinforcing in time
frame.” A right is a claim to do something needed for development. Further, the
acceptance of the claim by others, as a part of the development process, guarantees
the exercise of rights on the basis of an implicit desire to develop human rights, are
the claims to the sine qua non of the process itself. The blending of the idea of human
rights with development gives a valuable device. The moral system manifests both
laws of development and the changing conditions of the process. From the moral
foundation comes out particular confidence as to what should be done and how to do
it for development plan of actions. Among these faith and identifications of needs,
human rights are derived. The confidence and plans of action all the time affect each
other, but initially some fundamental exigencies and propensities always continue to
exist there.40
Arjun Sengupta, ‘On the Theory and Practice of the Right to Development’ in Arjun Sengupta, Archana
Negi & Maushami Basu (ed.), Reflections on the Right to Development (Oaks/London, Sage Publications
2005), 67; Arjun Sengupta, ‘On the Theory and Practice of the Right to Development’ (2004) 24 Human
Rights Quarterly, 848.
37
Other writers have catalogued different approaches of connecting human right to development. Stephen P. Marks, ‘The Human Rights Framework for Development: Seven Approaches’ in Sengupta, Negi
& Basu, Ibid., at 23.
38
UN Development Programme, Human Rights Report 2001: Making New Techniques Work for Human
Development, 9-15.
39
Theodor Meron, The Humanization of International Law. (Leiden, Martiaus Nijhoof 2006), 476.
Hague Academy of International Law Monograph, Vol. 3.
40
John O’Manique, ‘Human Right and Development’ (1992) 14 Human Rights Quarterly 78, 83 and
102-103.
36
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Journal of the National Human Rights Commission, Vol. 22, 2023