scholarly journals Linkage between Right to Development and Rights-based Approach: An Overview

2014 ◽  
Vol 1 ◽  
pp. 96-111 ◽  
Author(s):  
Khandaker Farzana Rahman
Keyword(s):  
Human Rights ◽  
Poor People ◽  
Cultural Rights ◽  
Progressive Development ◽  
Global Partnership ◽  
Right To Development ◽  
New Concepts ◽  
Rights Discourse ◽  
Policies And Programs ◽  
The Right

The concept of right to development has been inserted into the rights discourse quite recently, though it was known earlier that theg proper implementations of human rights tend to secure the life standard and progressive development of the community. New concepts of development expressed its concern for the overall betterment of human being.1 Right to Development (RTD) is being recognized as a collective right in the human rights arena. On the other hand, Rights Based Approach (RBA) has an inseparable link with right to development which seeks for the identification of issues to make a need based assessment. In brief, a human-rights approach translates poor people’s needs into rights, and recognizes individuals as active subjects and stakeholders. It further identifies the obligations of states that are required to take steps – for example through legislation, policies and programs with a view to respect, promote and fulfill the human rights of all people within their jurisdiction.2 RBA addresses rights based issue to achieve goals adopted by MDG, like alleviating poverty, promoting education, ensuring gender equality and empowerment of the women, developing a global partnership for development etc. In this article, the right to development is being tried to accurately affiliate with the framework known as Rights Based Model with a view to characterizing a successful coordination between the two. Thus if the states intend to adjust their methods of functioning and fulfill their obligations to the beneficiaries according to the rights based model, the recognized human rights such as economic, social, cultural rights involved in human development would be enjoyed and respected by an individual irrespective of his class, group, origin and any other attributes. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18528 Northern University Journal of Law Vol.1 2010: 96-111

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.

The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter: Social and Economic Rights Action Center (SERAC) and the Center for Economic and Social Rights (CESR) v. Nigeria

2005 ◽  
Vol 1 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Justice C. Nwobike
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Economic Rights ◽  
Oil Companies ◽  
Cultural Rights ◽  
Right To Development ◽  
Failure To Protect ◽  
Action Center ◽  
The Right ◽  
African Commission

AbstractThis article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.

9 The Great Enterprise Today (2006)

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
Working Group ◽  
International Convention ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Human Rights Council ◽  
Right To Development ◽  
United Nations Declaration ◽  
The Right ◽  
New Phase

This chapter studies the arrival of the Human Rights Council. The idea of a Human Rights Council was raised in 1976, as the Great Enterprise entered a new phase. The documentation in 1976 on this issue is comprehensive, consisting of no less than five informative reports. In addition, the Commission on Human Rights had before it the analysis of the observations received from some Member States. They included an analysis of the deliberations at the Assembly that had taken place in November of 1975, which covered a range of topics, including ‘the possibility of transforming the Trusteeship Council into a Human Rights Council’. In 2005, the Secretary-General announced his plans to propose the establishment of a Human Rights Council to the Commission. A few months later, the World Summit decided on the establishment of a Human Rights Council. The Human Rights Council inaugurated its work with the adoption of two international human rights instruments, which had reached completion in the Commission on Human Rights: the International Convention for the Protection of All Persons from Enforced Disappearance and the United Nations Declaration on the Rights of Indigenous Peoples. It also extended the mandate of the Working Group formed under the Commission to elaborate an optional protocol to the International Covenant on Economic, Social and Cultural Rights and of the Commission’s Working Group on the Right to Development.

Reductionist Intellectual Property Protection and Expansionist (and “Prodevelopment”) Competition Rules as a Human Rights Imperative? Enhancing Technology Transfer to the Global South

2021 ◽  
Vol 14 (1) ◽  
pp. 215-272
Author(s):  
Klaus D. Beiter
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Interest ◽  
Competition Law ◽  
Global South ◽  
Cultural Rights ◽  
Right To Development ◽  
Competition Rules ◽  
The Right ◽  
Dissemination Of Technology

Abstract Increasingly, the economy of industrialised countries moves away from being based on a multiplicity of independent innovators to one characterised by cross-licensing and the pooling of intellectual property (IP) rights. Competition law is accorded a more limited role. Refusals to license or restrictive licence terms are tolerated. This paradigm emphasises the innovation at the expense of the dissemination rationale of IP and competition law. The pressure on developing countries is to follow suit. However, this approach jeopardises overcoming the technology dependence of these states. Yet, the political consensus underlying the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was that, in exchange for IP rights protection, a transfer and dissemination of technology benefiting the global South would occur. This has not taken place so far. Taking this promise seriously requires according an enhanced, more social role to competition law. Articles 8(2), 31 and 40 of TRIPS – the TRIPS competition rules – could be interpreted in a way to accomplish this. This article argues in favour of a “prodevelopment” approach to IP-related competition law. This could be viewed as a demand of the rule of law at the international level. On the one hand, treaties such as TRIPS are to be interpreted in good faith. On the other, public interest and human rights considerations justify, as it were, require, such an approach. Articles 7 and 8 of TRIPS can play a crucial role in this regard. They reflect such public interest considerations as “object and purpose” of TRIPS. They also provide a link to international human rights law (IHRL). IHRL protects a (group) right to development, confirming “policy space” for World Trade Organization (WTO) members and the freedom to opt for a competition law model that facilitates dissemination. The International Covenant on Economic, Social and Cultural Rights (ICESCR) further protects various economic, social and cultural rights, including the right to enjoy the benefits of scientific progress and its applications (REBSPA). These rights may be said to give rise to “transfer and dissemination of technology” as a human right. Duties under the right to development and “territorial” and “extraterritorial” human rights obligations (ETOs) under the ICESCR support an understanding of competition law which is pro development, which takes account of local access and welfare needs. The article concludes with a set of 10 consolidated considerations for a “prodevelopment” IP-related competition law.

12. Human Rights and Politics in Development

2016 ◽  
Author(s):  
Sakiko Fukuda-Parr
Keyword(s):  
Human Rights ◽  
Poor People ◽  
Poor Countries ◽  
Right To Development ◽  
Development Processes ◽  
Development Goals ◽  
The Right ◽  
Human Rights Based Approach ◽  
The Relationship

This chapter discusses the importance of politics to the relationship between human rights and development. It describes the two major ways in which human rights struggles have focused on development processes in the last two decades: the right to development, the struggles of poor countries for a better deal in the global economic system; and the human rights-based approach to development, the struggles of poor people for development to realize their rights. The chapter first considers the links between human rights, politics, and development before analysing the concepts and debates surrounding the right to development and the human rights-based approach to development. It then presents a case study on the Millennium Development Goals and the successor, Sustainable Development Goals, to illustrate how human rights principles are raised in contemporary debates on development priorities.

The Bible and Human Rights from a Feminist Perspective

2020 ◽  
pp. 20-36
Author(s):  
Carole R. Fontaine
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Feminist Critique ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
The Bible ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

This essay explores the socially restrictive traditions that cause scriptural groups to reject the idea of universal rights and equal access to economic, social and cultural rights. This hermeneutical situation is difficult to tolerate, as our multicultural planet is seeking survival. Ethical issues and the principles of a culture’s morality are often partly religious in nature. The UNDUHR recognizes the right to believe and to promote one’s own beliefs, and it considers these particular rights as being part of a cultural “right to affiliate.” Nevertheless, international human rights law has not successfully promoted full human rights in countries of “Religions of the Book.” The essay thus suggests that appeals to the Bible grounded in human rights must be woven into contextual exegetical work, human rights discourse, and feminist critique. Even so, for women, foreigners, and “Others,” the Bible will remain a serious obstacle for enjoying full economic, social, and cultural rights.

scholarly journals A new Convention on the human right to development: Putting the cart before the horse?

2020 ◽  
Vol 38 (2) ◽  
pp. 84-93
Author(s):  
Nico Schrijver
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Added Value ◽  
Human Right ◽  
Right To Development ◽  
Human Rights Treaties ◽  
Draft Convention ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.

scholarly journals A Omissão da Jurisprudência da Corte Interamericana de Direitos Humanos em Matéria de Direitos Econômicos, Sociais e Culturais

2015 ◽  
Vol 10 (2) ◽  
Author(s):  
Monique Fernandes Santos Matos
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Cultural Rights ◽  
Progressive Development ◽  
Low Degree ◽  
The Difference ◽  
Droit International ◽  
The Right ◽  
Economic Nature

A omissão da jurisprudência da Corte Interamericana de Direitos Humanos em matéria de direitos econômicos, sociais e culturais the Inter-American Court of Human Rights’ CASE LAW omission WITH regard TO economic, social and cultural rights Monique Fernandes Santos Matos* RESUMO: A proteção aos direitos sociais, econômicos e culturais (DESC) no Sistema Interamericano de Direitos Humanos é marcada por uma grave ambiguidade no que diz respeito à diferença entre a ampla normatização desses direitos oferecida por este sistema regional e o baixo grau de judiciabilidade e reconhecimento de suas violações pela Corte Interamericana de Direitos humanos (Corte IDH). Poucos são os casos envolvendo violações a DESC jugados pela corte, e menos ainda os que obtiveram manifestação expressa quanto a tais violações. A análise das decisões proferidas nos casos julgados pela Corte IDH envolvendo DESC apontam para uma omissão recorrente em analisar a violação ao direito ao desenvolvimento progressivo dos direitos econômicos, sociais, e culturais, o que somente tem ocorrido quando grupos em situação de especial vulnerabilidade social estão envolvidos. Tal omissão, aliada à construção jurisprudencial da corte no sentido de que a violação a tal direito somente pode ser verificado quando parte relevante da população de um Estado está envolvida, enfraquece a defesa dos DESC, e contribui para a continuidade da visão dos DESC como meras metas políticas, com caráter programático. Não abordaremos, dado aos limites desse trabalho, as questões de ordem políticas e econômicas que são latentes ao problema da baixa efetividade dos DESC. A importância do estudo da jurisprudência da Corte IDH em matéria de DESC está em possibilitar uma análise crítica do que já se construiu, sugerindo uma correção de rumos, no sentido de garantir uma proteção efetiva e, consequentemente, uma maior expansão dos DESC no contexto regional americano. PALAVRAS-CHAVE: Direito Internacional dos Direitos do Homem. Direitos Econômicos, sociais e culturais. Desenvolvimento progressivo. Corte Interamericana de Direitos Humanos. Análise de casos.  ABSTRACT: The protection of economic, social and cultural rights (ECOSOC rights) in the Inter-American System of Human Rights is marked by a serious ambiguity with regard to the difference between the broad regulation of those rights provided by this regional system and the low degree of justiciability and recognition of their violations by the Inter-American Court of Human Rights. Few cases involving violations of ECOSOC rights have been judged by the court, and even fewer have obtained express opinion to such violations. The analysis of judgments delivered in the cases judged by the ICHR involving ECOSOC rights point to a recurring failure to analyze the violation of the right to the progressive development of the ECOSOC rights, which has only occurred when groups in vulnerable situations are involved. This omission, coupled with the judicial construction of the court that the violations of such right can only be checked when the relevant part of the population of a State is concerned, weakens the defense of the ECOSOC rights, and contributes to the continuity of the vision of them as mere policies, with programmatic character. We will not cover, given the limits of this work, issues of political and economic nature that are latent to the problem of low effectiveness of the ECOSOC rights. The relevance of the ICHR’s case law study regarding the ECOSOC rights lies on enabling a critical analysis of what has already been built, suggesting a course correction, in the sense to ensure an effective protection and, consequently, a greater expansion of the ECOSOC rights in the American regional context. KEYWORDS: International Law of Human Rights. Economic, social and cultural rights. Progressive development. Inter-American Court of Human Rights. Study of cases. * Doutoranda em Direito das Relações Internacionais pelo Centro Universitário de Brasília (UniCEUB). Mestre em Direito das Relações Internacionais pelo Centro Universitário de Brasília. Pesquisadora visitante no IREDIES - Institut de recherche en droit international et européen de la Sorbonne (Université Paris 1, 2014-2015).  Juíza do Trabalho Substituta  do Tribunal Regional do Trabalho da 5ª. Região.

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