law or of the UN law.7 It is based on the idea of solidarity of individuals, civil societies,
non-governmental organisations, states, non-state actors and international community
in their concerted efforts. The right to development is an important characteristic of the
third generation of human rights recognising the development of the individual as the
ultimate objective of the development process, the linkage between development and
human rights, substantive inequality of states, and principles of differential treatment
of the developing states. The third generation of human rights expects development
considerations in the application of international law and human rights. The idea of
the right to development has emerged from a wider concept of development and has
gained a broader support in international human rights law. Having thus included the
right of every individual to benefit from overall development in society, it calls for
joint efforts of communities or groups of individuals in working towards common
goals in a spirit of solidarity.8
The right to development can be “accomplished with the help of involvement of all
individuals, governments, public and private agencies and international community”.9
As a component of the third generation of human rights, the basis and characteristics
of the right to development are related with the idea of solidarity, social responsibility
and international cooperation in the promotion and protection of human rights. It
is not only a subject of theoretical concern, but also of practical importance in the
achievement of its universal compliance. Solidarity, as the fundamental basis of the
third generation of human rights, specifies the nature of the bond of society, in absence
of which liberty and equality may not have value. It is a unity bond of brotherly
affection and denotes the internal strength of social cohesion. The multi-dimensional
character of the right to development requires all the UN bodies and agencies to act
in harmony with each other to achieve common objectives. The emergence of the
third generation of human rights undoubtedly reflects the need of a shift from a law
of coexistence to the law of cooperation, based on the interdependence of states in the
solution of one state’s problem by actions of others.10
The right to development is a human right with the precondition of justice, liberty,
progress and creativity. Considering it as an imperative right, Mohammad Bedjaoui
has maintained that “the right to development is, by its nature, so incontrovertible
that should be regarded as belonging to juscogens.” The international dimension of
solidarity is the right to an equitable share in the economic and social well-being
of the world. The most important aspect of the right to development is the right of
The UDHR yearns for the conception of an international system where human rights of individuals
may be exercised to a great extent in an international order. Russell Lawrence Barsch, ‘The Right to
Development asa Human Right: Results of Global Consultation’ (1991) 13 Human Rights Quarterly 322.
8
Verma, Supra note 6, at 11.
9
Saeed Reza Abadi, ‘Decent Work from the Perspective of the Right to Development and Human Development’ (2011) 8 US-China Law Review 661.
10
Verma, Supra note 6, at 11-12.
7
Journal of the National Human Rights Commission, Vol. 22, 2023
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