A/HRC/36/49
and was adopted with the great majority of States supporting it. 1 The Declaration is aimed
at promoting a social and international order in which the rights and freedoms set forth in
the Universal Declaration of Human Rights can be fully realized.
6.
The right to development was reaffirmed in 1992 in the Rio Declaration on
Environment and Development, in which it is stated that the right to development must be
fulfilled so as to equitably meet developmental and environmental needs of present and
future generations (principle 3). In paragraph 10 of part I of the Vienna Declaration and
Programme of Action, adopted by consensus in 1993, the World Conference on Human
Rights reaffirmed the right to development as a universal and inalienable right and an
integral part of fundamental human rights.
7.
The right to development was also reaffirmed in various international declarations
and outcome documents issued between the adoption of the Programme of Action of the
International Conference on Population and Development in 1994 and the adoption of the
outcome document of the United Nations Conference on Sustainable Development, entitled
“The Future We Want”, in 2012. In 2015, the right to development was explicitly
recognized in four key internationally agreed policy documents: the Addis Ababa Action
Agenda of the Third International Conference on Financing for Development; the Sendai
Framework for Disaster Risk Reduction 2015-2030; “Transforming our world: the 2030
Agenda for Sustainable Development”, which included the Sustainable Development
Goals; and the Paris Agreement on climate change. These documents have become part of
the policy and normative foundation of the mandate of the Special Rapporteur.
III. Normative framework
A.
Charter of the United Nations
8.
Already in 1945, the Charter of the United Nations (Arts. 1, 55 and 56) established
the foundations of the right to development, by stating that the creation of conditions of
stability and well-being are necessary for peaceful and friendly relations among nations
based on respect for the principle of equal rights and self-determination of peoples, and by
mandating the United Nations to promote: higher standards of living, full employment, and
conditions of economic and social progress and development; solutions to international
economic, social, health, and related problems; international cultural and educational
cooperation; and universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion.
B.
Declaration on the Right to Development as a guiding standard
9.
Article 1 of the Declaration on the Right to Development states 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. It further states that the human right to development also implies the full
realization of the right of peoples to self-determination, which includes, subject to the
relevant provisions of both International Covenants on Human Rights, the exercise of their
inalienable right to full sovereignty over all their natural wealth and resources. The right to
development, as established in the Declaration, is an equal right among all universal,
inalienable, interrelated, interdependent and indivisible human rights.
10.
The Declaration is not in itself legally binding. However, many of its provisions are
mirrored in legally binding instruments, such as the Charter of the United Nations and the
International Covenants on Human Rights, and principles such as non-discrimination and
1
146 Member States voted in favour, one against (United States of America) and eight abstained
(Denmark, Finland, Germany, Iceland, Israel, Japan, Sweden and the United Kingdom of Great
Britain and Northern Ireland).
3
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