A/HRC/27/45
aim of eliminating the gap between developed and developing countries, especially least
developed countries. The need to focus also on good governance at the international level
was underlined. Another submission provided information on the key role of women and
made concrete proposals for fostering and promoting their role for development.
D.
Review of progress in the implementation of the right to development,
including consideration, revision and refinement of the right
to development criteria and operational subcriteria
75.
At its 2nd to 6th meetings, from 12 to 14 May, the Working Group considered and
revised the draft operational right to development subcriteria listed in the annex to
addendum 2 to the report of the high-level task force (A/HRC/15/WG.2/ TF/2/Add.2) under
attributes 2 “Participatory human rights processes” and 3 “Social justice in development”,
as well as proposals for additional subcriteria.
76.
Throughout the consideration of the operational subcriteria, a few speakers
introduced or sought to introduce the element of measurability, ranging from indicators to
monitoring and evaluation of the implementation of human rights. Raising concerns,
reservations and objections, the overwhelming majority of developing country Member
States maintained that indicators, whether so named or under the guise of measurability,
were clearly outside the mandate of the Working Group and had also been outside the scope
of the mandate of the high-level task force on the implementation of the right to
development. They contended that indicators did not make a positive contribution to the
Working Group’s objective of elaborating a comprehensive and coherent set of standards
for the implementation of the right to development, in accordance with the resolutions of
the Human Rights Council.
77.
A broad range of perspectives emerged in the consideration of individual subcriteria,
and new subcriteria were also proposed. In the discussion of international conventions,
some speakers emphasized the implementation of all instruments relating to human rights,
the environment and labour, focusing on the disadvantaged and marginalized. Others raised
questions about the source of the notions of disadvantaged and marginalized in previous
intergovernmental agreements. On national legal protection of human rights, some speakers
advocated the inclusion of constitutional and legislative guarantees, and proposed that the
particular role of national human rights institutions set up in accordance with the Paris
Principles should be highlighted, while others preferred measures to improve the global
partnership and achieve the internationally agreed development goals, including the
Millennium Development Goals. For a few Member States, the right to development
remains an ambiguous concept. For the majority, it is a human right that must be reflected
in all discussions on human rights.
78.
Some speakers favoured the human rights-based approach to development for
national development strategies, while others opposed it on the basis that it did not take
account of different levels of development. Some suggested that the right to development
approach should replace the human rights-based approach. One NGO suggested revising
the draft criteria and subcriteria to strike a balance between “human rights-based
development” and “the right to development”; between “development as a human right”
and “human rights as development”; and between international responsibility and domestic
responsibility.
79.
The numerous, miscellaneous and detailed proposals on existing and new subcriteria
included suggestions on human rights education, consultation with civil society, access to
data and information, especially on climate and the environment, information management
systems for responding to natural disasters, good governance, the rule of law and combating
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