A/HRC/45/40 enabling framework to strengthen the global partnership to achieve the Goals while promoting all human rights for everyone.77 70. The importance of a legally binding instrument on the right to development also derives from its potential to serve as a key measure to address growing inequality, within and between countries, systemic discrimination and persistent deprivation faced by historically marginalized or vulnerable groups and/or those living in poverty. Accordingly, codification of the right to development must encompass a more just and equitable distribution of resources, good governance and policy coherence at all levels, and accountability for human rights violations, with a particular focus on individuals and groups that have been historically marginalized and discriminated against.78 Implementation of the right to development is relevant for both developed and developing countries and can limit the negative effects of globalization. 71. While a legally binding instrument would no doubt adhere to the principles and concepts contained in the Declaration on the Right to Development, its negotiation would provide an opportunity to enhance and enrich the content of that Declaration. Codifying a legally binding instrument on the right to development would present an opportunity to affirm and more clearly bring out the collective dimension of that right. 79 72. A legally binding framework will constitute an important step towards the realization of a new, more humane and responsible social and international order.80 It will provide an opportunity to enrich the holistic definition of development, reflected in the Declaration on the Right to Development, with the important notion that development should also respect and preserve the environment to meet the needs of present and future generations. Indeed, it would also provide an opening to suitably incorporate the imperative of development being sustainable, the need to secure intragenerational and intergenerational equity, and enable the taking into account of the ongoing climate crisis whose disruptive impact will harm the poor, vulnerable and marginalized the most. These important issues and concepts were not reflected in the Declaration since they were yet to emerge and crystallize when it was adopted in 1986. 73. The importance of a legally binding instrument also derives from the opportunity it would provide to reinforce the overarching nature of human rights obligations and to affirm that they apply equally to all States parties, irrespective of their level of development.81 74. The need for such an instrument must also be rooted in the obligations of Member States to take steps, individually and through international cooperation, to secure the full realization of all economic, social and cultural rights. In this context, it would enhance the essential role of international cooperation and the need for both joint and separate action towards that end.82 75. While a State is the principal protector of human rights and fundamental freedoms within its boundaries, many developing countries are not in a position to fulfil the economic, social and cultural rights of their citizens as they often lack the financial resources and technical capacities to effectively meet their obligations in that respect. 83 Against the 77 78 79 80 81 82 83 General statement by India at the twentieth session of the Working Group on the Right to Development, Geneva, 29 April 2019. Letter dated 29 May 2019 from Amnesty International to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/RightToDevelopment.aspx. The Declaration on the Right to Development, despite having been adopted by an overwhelming majority vote, has remained controversial for a few, with a particularly harsh critic alleging that it contains too much ambiguity over basic issues, such as whether it is a collective or an individual right (S. Fukuda-Parr, “The right to development: reframing a new discourse for the twenty-first century”, Social Research: An International Quarterly, vol. 79 (2012), pp. 839–864). Submission by Associazione Comunità Papa Giovanni XXIII to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Letter dated 29 May 2019 from Amnesty International to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Ibid. Submission by Associazione Comunità Papa Giovanni XXIII. 17