of a particular right rather than relinquishing some rights at the cost of progress in
realisation of others. The right to development as the right to a developmental process
is an umbrella right; it is the right to a process expanding capacities or the individual’s
freedom to improve their well-being and to achieve what they value.32
The process is not similar to the outcome of the process, while the right to development
both as the process and the outcome of the process are human rights. Several rights
may be realised separately by individuals in accordance with human rights norms
with transparency, accountability, justice and equity in a participatory and nondiscriminatory manner. However, the right to development may not be accomplished
without taking into consideration the interrelationship between the different rights. In
cases of all civil, political, economic, social and cultural rights not being fully realised
forthwith andeven in the event that chances of the process will accelerate the expected
result, asserting that process as a right may be the best alternative in a particular case.33
The right to development as a distinct process of development is a carrier of all the
different rights and freedoms. Each segment of the carrier is a human right to be
realised correspondingly with the human right norms. The achievement of one right is
contingent on achieving the other rights. The right to development as a vector of rights
carries obviously that any initiative that elevates the level of any other components
of the vector without lowering the level of other components would expand the
development. Such a proposition would mean improving civil and political rights as
well as economic, social and cultural rights of all people, and respecting principles
of equity, non-discrimination, participation, accountability and transparency that
account for the fundamental human rights standards. Several plans that give greater
value to the touchstone of each of these rights by and large will be a constant element
of the development. Any scheme for achieving the right to development must be able
to augment resources through a process of sustainable growth in harmony with human
right norms.34
The explicit content of human rights to development can be set on by a complete
examination of the various sources on which the right is rooted. To make the concept
of the right to development further clear and to bestow on it greater practical
importance, an examination could be made towards identifying and explaining the
particular rights and duties, which on the basis of existing and evolving international
instruments relating to the right, are to be set down to all relevant entities, including
the international community as a whole and states, peoples, transnational corporations
and individuals in particular.35
Sengupta, Supra note 23, at 78.
Ibid.
34
Id., at 79.
35
Emergence of the Right of Development, Supra note 16, at 15.
32
33
Journal of the National Human Rights Commission, Vol. 22, 2023
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