04-02-2013, 02:00 PM
Development and Human Rights
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Development and rights
Cold War divisions undermine UDHR
The Empire of Liberty vs. the Empire of Justice
HR in the West ideologically distanced from
economic and social rights despite welfare state
consensus
“Economic Development” as a Cold War strategy
Economism of development
Seers (1969) the meaning of development
Critique of economism (means and ends)
Turn to humanism and ethics
Development of WHAT?
Countries? Peoples? Persons?
Postcolonialism – self-determination, collective rights,
international obligations (Bandung 1955, NIEO 1974)
Sen (1993, 1999) Human functionings, capabilities,
Freedoms
Development – a tall order
A process of economic growth, expanding
output and employment
Institutional transformation and technological
progress of a country
“…that steadily improves the well-being of all
people” (E/CN.4/2004/WG.18/2)
Definition of the human right to development
a right to “a particular process of development in which
all human rights and fundamental freedoms can be fully realized”
Emphasises rights-based (non-discriminatory) access to
goods/services corresponding to the realization of
different rights
First proposed by Keba M’Baye 1972,
Working Group est. 1981 – influences African Charter
1986 UN Declaration on Right to Development
Open ended WG + Ind. Expert 1998
Reaffirmed Vienna 1993, Millennium Declaration 2000 etc.
Decolonization
‘The concerns of decolonized states were
translated into demands for greater recognition
of economic, social and cultural rights,
international recognition that colonialism and
neocolonialism were gross violations of
international human rights law, and the push to
recognize development cooperation as an
obligation owed by former colonial powers,
rather than as an act of charity’ (Orford, 1991: 131)
RTD as ends and process
Other rights are ends, process is the means
“the right of people to…improved realization
of different human rights, as well as the right
to the process itself”
Requires resources – goods and services
Duty bearers are primarily States, but also
the international community