scholarly journals Direito humano ao desenvolvimento: considerações sobre miséria, pobreza e políticas públicas de erradicação

2020 ◽  
Vol 1 (1) ◽  
pp. 3-25
Author(s):  
Júlia Sara Accioly Quirino
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
National Policy ◽  
Human Right ◽  
International Dimension ◽  
Right To Development ◽  
Integral Development ◽  
Normative Dimension ◽  
Historical Trajectory ◽  
The Right

RESUMO   O artigo traz a temática do Direito ao Desenvolvimento, aqui compreendido como projeto universal que se propõe à proteção dos indivíduos mediante a oferta de políticas públicas de asseguramento das condições básicas de existência digna. Nesse ínterim, o Direito ao Desenvolvimento aparece na dimensão internacional como direito humano inalienável, visando o desenvolvimento integral dos povos. Assim, resgataremos neste texto a trajetória histórica do Direito ao Desenvolvimento, sua dimensão ontológica e normativa, bem como seus objetivos, a partir da análise das normativas nacionais e internacionais que dão guarida a este direito, bem como dos movimentos de política nacional que buscaram implementar ações de empoderamento das populações vulnerabilizadas a partir dos anos de 1990.   Palavras-chave: Desenvolvimento; Direitos Humanos; Políticas Públicas.     ABSTRACT   The article deals with the theme of the Right to Development, understood here as a universal project that proposes the protection of individuals by offering public policies to ensure the basic conditions of dignified existence. In the meantime, the Right to Development appears in the international dimension as an inalienable human right, aiming at the integral development of peoples. Thus, we will rescue in this text the historical trajectory of the Right to Development, its ontological and normative dimension, as well as its objectives, from the analysis of national and international norms that give shelter to this right, as well as the national policy movements that sought to implement actions to empower vulnerable populations from the 1990s onwards.   Keywords: Development; Human rights; Public policy.

scholarly journals The Right to Development and its Corresponding Obligations on Developing Countries

2020 ◽  
Author(s):  
Ahmad Masum
Keyword(s):  
International Economic ◽  
Developing Countries ◽  
Economic Development ◽  
Human Rights ◽  
Political Order ◽  
High Likelihood ◽  
Human Right ◽  
International Dimension ◽  
Right To Development ◽  
The Right

The right to development is a fundamental right, the precondition of liberty, progress, justice and creativity. This right has raised many expectations and controversies over the years. Developing countries claim that the international economic and political order constitutes an obstacle to the enjoyment of the right to development for their citizens. They therefore see a need for action in the international dimension of the right to development. In their view, they are able to provide the necessary basis for the enjoyment of the right to development only if the international order becomes more conducive to the economic development of developing countries. This paper aims to examine the concept of the right to development as a ‘human right’ focusing mainly on the position of developing countries as to whether they have an obligation to work towards the realization and implementation of this right. The paper concludes that the right to development is now recognized as a ‘human right’ like other internationally accepted human rights. Thus, being a right, it entails obligations of some agents in the society, who have the power to deliver the right or adopt policies that have a high likelihood of delivering the right.  

Working for social justice: community, activism and academia

Housing Shock ◽  
2020 ◽  
pp. 87-106
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Trade Unions ◽  
Rental Housing ◽  
National Policy ◽  
Housing System ◽  
Policy Debate ◽  
Participatory Action ◽  
Human Right ◽  
The Right

This chapter explores the author’s housing journey, from living in private rental housing, to working with disadvantaged communities on housing and human rights, campaigning on homelessness and the right to housing, to being a publically engaged academic researching and engaging in the national policy debate on housing. It details the everyday impact of austerity on disadvantaged social housing communities and their response through a successful ‘Rights-in-action’ human right to housing campaign. It also details participatory action research with homeless families, the Participatory Action Human Rights and Capability Approach. In then discusses the role of academics, policy makers and researchers in social change, empowerment and participation in relation to social justice and housing issues. It interrogates the concept of knowledge production – who’s interest does it serve? Drawing on Freire and Gramsci the Chapter outlines five areas, for the academic researcher (and this can be applied to policy analysts and researchers, NGOs, human rights organisations, trade unions and community activists) to contribute to achieving an egalitarian, socially and environmentally just, and rights-based housing system.

scholarly journals Climate Change and Right to Development

2019 ◽  
Vol 5 ◽  
pp. 1 ◽  
Author(s):  
Vivek Mukherjee ◽  
Faizan Mustafa ◽  
◽  
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Developed Countries ◽  
Small Island ◽  
Least Developed Countries ◽  
Human Right ◽  
Climate Change Negotiations ◽  
Right To Development ◽  
Recent Climate ◽  
The Right

The Right to Development is a relatively new right in human rights law. Although its roots may be traced to pre-world war era, Right to Development took concrete shape with the passing of the UN Declaration on the Right to Development in 1986. Some renowned academic institutions in India are making recent efforts to make the “Right to Development” a Fundamental Human Right. Climate change poses a direct threat to human rights of people, especially in tropically situated countries of the south (including India), which are coincidentally home to a large number of vulnerable/marginalized people who are considerably poor to concern themselves with issues such as climate change. Due to mounting pressure from least developed countries (LDCs) and small island developing countries (SIDSs), international community has lately shown greater interest in establishing a direct link between climate change and human rights. This interest may be a reaction to the recurrent failures in reaching a consensus in the climate change negotiations through mechanical Conference of Parties (COPs). Similar to a bottom-up approach that seems to have worked well for the Paris agreement, it was believed by experts that linking human rights to climate change would shake the conscience of the reluctant parties to act expeditiously. The importance of a human rights–based approach to climate change will be highlighted in the light of two recent developments in the climate change discourse: First, the recognition by scientists of several extreme disaster as climate change events directly violating the human rights of the vulnerable; second, the dilution of the differentiation created between developing and developed nations by the Common But Differentiated Responsibilities (CBDR) principle in the recent climate change agreements. This paper seeks to establish the efficacy of the human Right to Development (through tools such as Greenhouse Development Rights) in effectuating the third world approaches to the issue of climate change in the global south.

The Emergence of “New” Health-Related Human Rights

2020 ◽  
pp. 263-284
Author(s):  
Benjamin Mason Meier ◽  
Inga T. Winkler
Keyword(s):  
Human Rights ◽  
Communicable Disease ◽  
National Policy ◽  
Human Right ◽  
Water And Sanitation ◽  
Cultural Rights ◽  
Sanitation And Hygiene ◽  
Health Related ◽  
Human Rights Advocacy ◽  
The Right

This chapter discusses the evolving understanding of human rights to encompass determinants of health through the human rights to water and sanitation, which are vital to the prevention of both communicable and non-communicable disease. In 2002, the United Nations Committee on Economic, Social and Cultural Rights argued that the right to water is a distinct human right derived from the right to an adequate standard of living and the right to health. Solidified by the UN General Assembly and the Human Rights Council, states have provided a normative framework for efforts to realize the human rights to water and sanitation. This recognition of the human rights to water and sanitation has provided a foundation to implement these rights through national policy and international organizations. With advocates now seeking accountability for these rights, human rights advocacy, litigation, and monitoring will be crucial for meeting water, sanitation, and hygiene needs.

s.Three Contemporary Applications, 12 The Emergence of “New” Health-Related Human Rights: Recognizing the Human Rights to Water and Sanitation

2020 ◽  
Author(s):  
Meier Benjamin Mason ◽  
Winkler Inga T
Keyword(s):  
Human Rights ◽  
Communicable Disease ◽  
National Policy ◽  
Human Right ◽  
Water And Sanitation ◽  
Cultural Rights ◽  
Sanitation And Hygiene ◽  
Health Related ◽  
Human Rights Advocacy ◽  
The Right

This chapter discusses the evolving understanding of human rights to encompass determinants of health through the human rights to water and sanitation, which are vital to the prevention of both communicable and non-communicable disease. In 2002, the United Nations Committee on Economic, Social and Cultural Rights argued that the right to water is a distinct human right derived from the right to an adequate standard of living and the right to health. Solidified by the UN General Assembly and the Human Rights Council, states have provided a normative framework for efforts to realize the human rights to water and sanitation. This recognition of the human rights to water and sanitation has provided a foundation to implement these rights through national policy and international organizations. With advocates now seeking accountability for these rights, human rights advocacy, litigation, and monitoring will be crucial for meeting water, sanitation, and hygiene needs.

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 Justiciability of the Right to Development in Ghana: Mirage or Possibility?

2016 ◽  
Vol 1 (1) ◽  
pp. 76-98
Author(s):  
Asare Larbi Paa Kwame
Keyword(s):  
Human Rights ◽  
National Level ◽  
African Countries ◽  
Human Right ◽  
National Courts ◽  
Right To Development ◽  
Legal Effect ◽  
Protection Of Human Rights ◽  
African Charter ◽  
The Right

An analysis of the debate on the right to development (RTD) suggests that the right is pursued as a solution to solve the problems of poverty and underdevelopment. Thus, this study seeks to determine if at the national level in Ghana, the right to development is a right which is opposable by right-holders against the duty bearers. The Study adopted the Black Letter Law approach in analysing the legal effect of relevant law. This study shows that the African Charter is the only multinational treaty that makes RTD legally enforceable. It also shows that Ghana, which is dualist, has not ratified the African Charter. It is however argued that the Ghanaian courts may enforce RTD either as international law or as a human right implicitly guaranteed under the 1992 Constitution of Ghana. This conclusion supports the notion that development is a human rights concern. It further illustrates that the national courts of African countries are uniquely equipped to guarantee the protection of human rights and the development of the African people.

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.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

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