A/HRC/41/50
III. Conceptual context and comprehensive interpretation of the
contribution of development to the enjoyment of all human
rights
10.
In the Declaration on the Right to Development, development is defined as a
comprehensive economic, social, cultural and political process, which is aimed at the
constant improvement of the well-being of the entire population and of all individuals on
the basis of their active, free and meaningful participation in development and in the fair
distribution of benefits resulting therefrom.
11.
There is an increasing need for greater consensus on a stronger and clearer definition
of the right to development for all, which is consistent with other human rights, namely the
universal rights that are held and enjoyed by individuals and that each individual may
demand from his or her own Government. The content of the right to development can be
analysed on the basis of the text of the Declaration. In article 1 (1), it is stated that the right
to development is an inalienable human right by virtue of which every human person and
all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural
and political development, in which all human rights and fundamental freedoms can be
fully realized. Development as a human right, as defined in the Declaration, must also be
firmly rooted in equity within a national economy. Is there any further value added to the
rights that are already recognized, such as the economic, social and cultural rights involved
in human development, by invoking and exercising the right to development? The question
would be legitimate if the right to development were defined merely as the sum total of
those rights. Looking at the right to development as a process brings out the added value
clearly: the right to development is not merely the realization of those rights individually,
but their realization together in a manner that takes into account their effects on each other,
both at a particular time and over a period of time. Similarly, an improvement in
the realization of the right to development implies that the realization of some rights has
improved while no other right has been violated or enjoyment of it has not been reduced. 3.
According to one international expert, the right to development has to be understood as a
composite right wherein all the rights, that is, economic, social, cultural, civil and political
rights, are realized together. The right to development is embedded in the principle of the
indivisibility and interdependence of all human rights, which implies that if any right is
violated, the composite right to development cannot be achieved. 4 It is significant that the
Declaration, being a resolution of the General Assembly, does not per se create any legal
obligations, unlike human rights instruments. It is, however, a legitimate reference by
which to hold Governments at least politically accountable as the international norm
crystallizes into law. The realization of the right to development is often described in terms
of an improvement of a “vector” of human rights, such that there is improvement of some
rights or at least one right, without any other right being violated. So, the interdependence
of rights has to be central in programming, monitoring and assessing development. In other
words, the level of realization of one right is contingent on the level of realization of other
rights. After all, peace, development and human rights are interlinked and mutually
reinforcing. There is no hierarchy between them: development is not a precondition for the
realization of human rights. Human rights are also rights, and it is a State’s duty to respect
them.5
12.
It is indisputable that realization of the right to development at the national level
plays a priority role. Each Government provides resources and the means for a State to
3
4
5
4
Argun K. Sengupta, “Conceptualizing the right to development for the twenty-first century” in
Realizing the Right to Development: Essays in Commemoration of 25 Years of the United Nations
Declaration on the Right to Development (United Nations publication, Sales No. E.12.XIV.1), p. 70.
Alfarargi Saad, “UN Special Rapporteur on the right to development”, paper collection prepared for
the South-South Human Rights Forum, Beijing, December 2017.
Contribution from Germany. All responses received from States, non-governmental organizations and
national human rights institutions to the questionnaire on the contribution of development to the
enjoyment of human rights are available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/
Pages/DevelopmentEnjoymentAllHR.aspx.
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