scholarly journals DIREITOS HUMANOS: A AGENDA QUE COMEÇA EM 2016 ENTREVISTA COM A PROFA. DRA. FLÁVIA PIOVESAN, PPGD | PUC-SP

2016 ◽  
Vol 16 ◽  
pp. 11-30
Author(s):  
Carlos Luiz Strapazzon ◽  
Robison Tramontina ◽  
Gina Vidal Marcilio Pompeu ◽  
Ingo Wolfgang Sarlet ◽  
Margareth Leister ◽  
...  
Keyword(s):  
International Law ◽  
Task Force ◽  
Public Law ◽  
Law School ◽  
Max Planck ◽  
San Salvador ◽  
University Of Oxford ◽  
Right To Development ◽  
The Right ◽  
High Level

A EJJL reativa a seção de entrevistas para oferecer ao seu público leitor este diálogo, de natureza experimental, entre uma pesquisadora notável no campo dos direitos fundamentais, direitos humanos e direitos constitucionais (entrevistada) e pesquisadores da Rede Brasileira de Pesquisa em Direitos Fundamentais. Nesta nossa entrevista, seis Programas de Pós-Graduação stricto sensu (mestrados e doutorados), todos com área de concentração ou linha de pesquisa em Direitos Humanos e Direitos Fundamentais, aceitaram o convite da EJJL.Flávia Piovesan é uma das mais destacadas pesquisadoras e autoras do Brasil, no tema dos direitos humanos. É doutora em Direito pela Pontifícia Universidade Católica de São Paulo (1996). É professora de Graduação e Pós-Graduação em Direito dessa mesma Universidade paulista. Foi Visiting fellow do Human Rights Program da Harvard Law School (1995 e 2000); visiting fellow do Centre for Brazilian Studies da University of Oxford (2005); visiting fellow do Max-Planck-Institute for Comparative Public Law and International Law (Heidelberg, 2007 e 2008) e Humboldt Foundation Georg Forster Research Fellow no Max-Planck-Institute for Comparative Public Law and International Law (2009-2011). É membro do Conselho de Defesa dos Direitos da Pessoa Humana; membro da UN High Level Task Force on the implementation of the right to development; e membro do OAS Working Group para o monitoramento do Protocolo de San Salvador em matéria de direitos econômicos, sociais e culturais.

The Taming of the Shrill: From Indicators to Indicatorization

2015 ◽  
Vol 12 (1) ◽  
pp. 81-115
Author(s):  
Siobhán Airey
Keyword(s):  
Human Rights ◽  
Task Force ◽  
Economic Relations ◽  
Right To Development ◽  
International Economic Relations ◽  
Rights Discourse ◽  
The Right ◽  
High Level ◽  
Human Rights Discourse

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations.

Sovereign Debt and the Right to Development

2018 ◽  
pp. 248-266
Author(s):  
Gail Hurley
Keyword(s):  
Sovereign Debt ◽  
Task Force ◽  
National Development ◽  
Country Ownership ◽  
Right To Development ◽  
Primary Responsibility ◽  
Development Policies ◽  
The Right ◽  
High Level ◽  
Regional Partnerships

The right to development is an over-arching, synthesis-based collective right that has found a solid place in the international human rights architecture. Under the UN Declaration on the Right to Development, States have the primary responsibility for establishing national and international conditions favourable to the realisation of the right to development. According to the high-level task force on the implementation of the right to development, this responsibility is at three levels: (a) States acting collectively in global and regional partnerships; (b) States acting individually as they adopt and implement policies that affect persons strictly not within their jurisdiction, and (c) States acting individually as they formulate national development policies and programmes affecting persons within their jurisdiction. The right to development also implies the full realisation of the right of peoples to self-determination. In many contexts, however, onerous debt service obligations and related conditionalities often undermine country ownership of national development strategies, thereby threatening the right to development.

scholarly journals Towards a Just Institutional Order: A Commentary on the First Session of the UN Task Force on the Right to Development

2005 ◽  
Vol 23 (3) ◽  
pp. 409-438 ◽  
Author(s):  
Margot E. Salomon
Keyword(s):  
Human Rights ◽  
International Development ◽  
Task Force ◽  
International Economic Order ◽  
Human Right ◽  
Trade Offs ◽  
Right To Development ◽  
The Right ◽  
High Level ◽  
First Session

A novel mechanism that brings together human rights experts with the representatives of the international development, finance and trade institutions was recently established within the United Nations (UN) under the auspices of the Working Group on the Right to Development. At its first session, this High-Level Task Force adopted a range of recommendations on challenges to the Millennium Development Goals and on the importance of human rights impact assessments. In so doing, it took some initial steps towards integrating the international law of human rights, including the framework provided by the 1986 UN Declaration on the Right to Development, into the priority areas of these other international actors. The aim of this commentary is to provide insight into the conclusions adopted by the Task Force and to highlight the contribution of the human right to development to the topics under its consideration. It also seeks to reflect on the significance of human rights law to issues that were tabled, such as, accountability for human rights at the international level, international cooperation, economic growth, and trade-offs in the allocation of resources. In concluding that the Task Force must face head on the impediments to the realisation of human rights posed by the institutional arrangements for the governance of the international economic order, the article ends by offering suggestions for its future work.

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels

2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Bhupinder Chimni
Keyword(s):  
Human Rights ◽  
International Law ◽  
Technological Progress ◽  
International System ◽  
Social Constraints ◽  
International Human Rights ◽  
Right To Development ◽  
The Social ◽  
International Human ◽  
The Right

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.

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