(B) Indivisibility of Human Rights and the Right to Development
Indivisibility and interrelatedness of human rights and the right to development
is a holistic concept. Based on the economic, social and cultural aspects, the right
to development cannot be achieved completely unless rights in other spheres are
accomplished at the same time. The universality and indivisibility of human rights
include all types of rights. The UN Declaration on the Right to Development has
exceptional merit that it incorporates economic, social and cultural rights essential for
human dignity and the undistracted development of the individual personality. The
right to development aims to realise the assimilation of all these rights by employing
a dual role of development. By emphasising upon the importance of international
cooperation, where the right to development may be achieved to the full measure, it
has laid the basis for the content of the right to development.
(C) Individual and Collective Right Dimension
As pointed out by the Commission on Human Rights, it is difficult to demarcate
between the right to development of the individual and of the collectivity. The right
to development is uniquely both an individual and collective entitlement. Apart
from individual claim, it is also an entitlement in relation to societies, states and
regions. The parameter for achieving development is associated with groups on the
presumption that development depends upon individual welfare in the society.41 This
denotes the right to development “partly away from the individual-centric approach
of other international human rights instruments, and more in favour of the people’s
rights is ascribed to the philosophical impact of third generation of human rights in the
formulation of the UN Declaration on the Right to Development.”42
The right to development with individual dimension is to be enjoyed by every
person, while the collective dimension is guaranteed to entire people. Though an
individual perspective does not provide it further precision, it only influences its
normative strength. However, the dual characteristics of the right cause problems
in clarifying beneficiaries and duty-holders under the right. Mohammad Bedjaoui
states that restricting the right to development to individual only will conceal the
true international perspective of the fundamental problem. According to him, it is
“much more a right to the state or of the people, than a right of the individual.”43
Since individuals with political association of state are the expected beneficiaries of
this right, it is people who play a part in the international system with the help of their
state, except in certain situations. Ian Brownlie has held that states are the subject of
the right to development in the strict sense of the term either staking out a claim or
A/RES/41/12B, Supra note 5, Article 1.
The right to development has been declared prominently as right to people in the African Charter on
Human and People’s Rights. African Charter, Supra note 4.
43
Mohammad Bedjaoui, ‘The Right to Development’ in Mohammad Bedjaoui (ed.). International Law:
Achievements and Prospects. (Dordrecht/Boston/London, Martinus Nijhoff), 177.
41
42
Journal of the National Human Rights Commission, Vol. 22, 2023
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