A/HRC/42/35 School of Law in Paris; Koen De Feyter, Professor of International Law at the University of Antwerp; and Meskerem Geset Techane. 77. Mr. Mbengue addressed the preamble and final provisions of a legally binding instrument on the right to development. The extent of preambles could depend on the level of specificity in the operational clauses. The preamble had legal value and provided guidance for the interpretation of the treaty and its context by presenting the treaty’s considerations and purpose. Considerations were the political, institutional and legal raison d’être of the treaty. Purposes were functional, qualifying and systemic achievements sought. As for the final provisions, they should deal with institutional mechanisms, signature and ratification, entry into force, amendments, reservations, denunciation, authentic languages and dispute settlement. 78. Mr. De Feyter explained that legally binding instruments were treaties governed by international law. He addressed strategic choices drafters faced, in particular between broader membership or more substance in obligations. The instrument could follow a standard treaty model or a framework convention model. The binding instrument should preserve key features of the right to development as a human right held by individuals and peoples; the entitlement to active, free and meaningful participation in and fair distribution of the benefits of development; and the national, extraterritorial and global dimensions of the right to development. The drafters of a treaty could take a State-to-State approach, a traditional human rights instrument approach or a combination thereof. A framework treaty would be focused more on setting out general principles and creating institutional provisions, including a conference of the parties and compliance mechanisms. 79. Ms. Techane mentioned that regional human rights systems already had legally binding instruments covering the right to development, including the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, article 19 of which specifically referred to women’s right to sustainable development. The recognition of the right to development was very important, as women were missing out on the process and outcomes of development both individually and collectively. The goal of achieving sustainable development would not be possible if women were not given full access to their human rights. The elimination of discrimination against women was not merely a target but an obligation. It would be important to include in a legally binding instrument provisions supporting the political, economic and social status of women and their right to equality in development. Some proposals could possibly be drawn from the African system, and some reformulation of the Declaration on the Right to Development was needed. Women should have an active role in the process of formulating and implementing State policies and development programmes. They should not just be referred to as beneficiaries of development policies but should rather be positioned as drivers of development. An intersectional approach that took into account women in situations of vulnerability or marginalization would be important. 80. In the ensuing discussion, representatives of Cuba, the Holy See, India, the Islamic Republic of Iran, Mozambique, Pakistan, the Russian Federation and the Bolivarian Republic of Venezuela took the floor, followed by representatives of the Associazione Comunità Papa Giovanni XXIII (speaking on behalf of the Working Group on the Right to Development of the Forum of Catholic-Inspired NGOs in Geneva), the Europe-Third World Centre, the International Association of Democratic Lawyers and the Nigeria-Togo Association. Speakers affirmed that broad consensus should be sought during the process. One delegate emphasized that the treaty negotiation should be exclusively an intergovernmental process, while others favoured a more inclusive process with the active participation of civil society and other stakeholders. Delegates recommended human rights instruments that should be mentioned in the preamble of the treaty as well as principles that should guide it. Some argued that the scope and content of the treaty should be strictly based on the Declaration of the Right to Development, should be focused on the human person and groups and should emphasize the international dimensions of the right, and they warned against reducing the right to development to a human rights-based approach to development. One delegate enquired about the relationship between the number of States parties required for the instrument’s entry into force and its universality. Different opinions were expressed about whether it should be a standard treaty or a framework convention, 15