Climate Change & Human Rights
Climate Change & Human Rights
37 Rev.1
Frequently Asked
Questions on the Right
to Development
UNITED NATIONS
New York and Geneva, 2016
NOTE
The designations employed and the presentation of the material in this pub-
lication do not imply the expression of any opinion whatsoever on the part
of the Secretariat of the United Nations concerning the legal status of any
country, territory, city or area, or of its authorities, or concerning the delimita-
tion of its frontiers or boundaries.
**
Introduction ................................................................................ 1
Q.1 What is the right to development? ......................................... 2
Q.2 Who are the rights holders and duty bearers of the right
to development? ................................................................ 3
Q.3 What is the status of the right to development in
international law? ............................................................... 5
Q.4 Is the right to development justiciable? .................................... 8
Q.5 What is the relationship between the right to development
and other human rights? ...................................................... 9
Q.6 What is the difference between the right to development
and a human rights-based approach to development? ............... 10
Q.7 What is the role of international cooperation in the right
to development? ................................................................ 11
Q.8 What is the relationship between the right to development
and global governance? ..................................................... 12
Q.9 What is the relationship between the right to development
and sustainable development? .............................................. 13
Q.10 What is the significance of the right to development in the context
of the 2030 Agenda, the Sustainable Development Goals
and related processes?........................................................ 14
Q.11 In what other ways is the right to development
relevant to the contemporary development context?................... 15
Q.12 What is the role of the United Nations and the Office of the
High Commissioner for Human Rights in relation to the
right to development? ......................................................... 17
Q.13 What are the main challenges to the realization of the right
to development? ............................................................... 19
Q.14 How can the right to development be implemented
and monitored? ................................................................. 20
Annex I Declaration on the Right to Development ............................ 23
Annex II Landmarks in the recognition of development
as a human right ........................................................... 28
Box Key elements of the Declaration on the Right
to Development ............................................................. 38
III
INTRODUCTION
Despite its high relevance to the greatest challenges that face all societies
and the international community at large, the promise of the right to develop-
ment has remained unfulfilled. In fact, over the years, progress in translating
the Declaration into practice has been undermined by misunderstanding,
criticism and even rejection. This Fact Sheet aims to demystify the right to
development and to respond to some of the most commonly asked questions
about this much misunderstood fundamental human right. While it is as-
sumed that readers will already have basic knowledge about human rights,
the Fact Sheet is intended to be accessible to a general audience.
1
Resolution 41/128, annex. (See also annex I below.)
1
Question 1 What is the right to development?
Article 1 of the Declaration states that the right to development “is an inalien-
able 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 free-
doms can be fully realized. 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 starting point for understanding the right to development, as stated in the
Declaration and affirmed in subsequent United Nations resolutions and other
related instruments, is that it is a human right on a par with all other human
rights. It is neither an all-encompassing “super right”, nor a highly restricted
“mini right”, but rather an equal right among the universal, inalienable, inter-
related, interdependent and indivisible human rights.
Secondly, the right to development is both an individual and a collective
right. It belongs to all individuals and all peoples. As a human right, the right
to development is universal; it applies to all people, in all countries, without
distinction as to race, colour, sex, language, religion, political or other opin-
ion, national or social origin, property, birth or other status.
Like other human rights, the right to development contains specific entitle-
ments, including the right “to participate in, contribute to, and enjoy eco-
nomic, social, cultural and political development.” The Declaration sets out
the constituent elements of this right as well as the means for realizing it. The
box below presents the key elements of the right to development.
2
Q.2 Who are the rights holders and duty bearers of the
right to development?
Rights holders
As with all human rights, human beings are the rights holders. The right to
development is both an individual and a collective right. The human person
is the central subject of development, and should be the active participant
and beneficiary of the right to development (art. 2 (1)). This means that
development policies and programmes must be centred on human beings,
and aimed at their benefit and the constant improvement of their well-being.
The right to development entitles all people to free, active and meaningful
participation in the development decisions that affect them. It also requires
the fair distribution of the benefits of development, with the ultimate objective
of fulfilling all human rights for all (rather than aiming for economic growth
alone). The Declaration refers to the “free and complete fulfilment of the hu-
man being” (art. 2 (2)). This right to development of the human being as an
individual is also found in other core human rights instruments, such as the
Convention on the Rights of the Child (art. 6 (2)).
Duty bearers
The right to development imposes duties on States and the international com-
munity, as well as on all those whose actions and/or omissions have an
impact on human rights and on the environment in which these rights are to
be fulfilled.
3
States have the primary responsibility for respecting, protecting and fulfilling
human rights, including for creating national and international conditions fa-
vourable to the realization of the right to development (art. 3 (1)). This means
that they have the primary responsibility for providing an enabling environ-
ment for equitable development, both locally and globally. States also have
the duty to formulate appropriate national development policies that aim at
the constant improvement of the well-being of the entire population and of all
individuals (art. 2 (3)). Furthermore, States should work together with a view
to strengthening the realization of human rights (art. 6), and “have the duty to
cooperate with each other in ensuring development and eliminating obstacles
to development. States should … fulfil their duties in such a manner as to pro-
mote a new international economic order based on sovereign equality, inter-
dependence, mutual interest and cooperation among all States” (art. 3 (3)).
States thus have obligations at three levels: (a) internally, through the formu-
lation of national development policies and programmes affecting persons
within their jurisdictions; (b) internationally, through the adoption and imple-
mentation of policies extending beyond their jurisdictions; and (c) collec-
tively, through global and regional partnerships.2
Although the Declaration does not explicitly refer to the private sector and
other non-State actors, the general obligation on States to respect, protect
and fulfil human rights applies to all human rights, including the right to
development. The obligation to protect implies that the State should protect
individuals and groups against violations of their human rights by third par-
ties. The responsibility for development and the duties towards the community
which the Declaration places on all human beings entail that such respon-
sibilities are shared by all relevant actors and organs of society, including
the private sector and civil society. According to the Guiding Principles on
Business and Human Rights, businesses have a responsibility to respect all
human rights, and this includes the right to development. Furthermore, the
responsibility, under the Declaration, to promote and protect an appropriate
political, social and economic order for development applies to all human
2
A/HRC/15/WG.2/TF/2/Add.2, annex.
4
beings, including in their role as non-State actors. Accordingly, private actors
should also contribute to creating conditions favourable to the realization of
the right to development.
5
Non-discrimination (art. 6) • Universal Declaration of Human Rights, art. 1
• International Covenant on Economic, Social
and Cultural Rights, art. 2
• International Covenant on Civil and Political
Rights, arts. 26–27
• Convention on the Rights of the Child, art. 2
• Convention on the Rights of Persons with
Disabilities, arts. 3 and 5
• International Convention on the Elimination
of All Forms of Racial Discrimination
• Convention on the Elimination of All Forms
of Discrimination against Women
Cooperation among States • Charter of the United Nations
(arts. 3–4 and 6) • International Covenant on Economic, Social
and Cultural Rights, art. 2
• Convention on the Rights of Persons with
Disabilities, art. 32
• Convention on the Rights of the Child,
arts. 4 and 23
Elimination of massive and flagrant • Rome Statute of the International Criminal Court
violations of human rights (art. 5) • International Convention on the Suppression
and Punishment of the Crime of Apartheid
• International Convention on the Elimination
of All Forms of Racial Discrimination
• International Covenant on Civil and Political
Rights
• International Covenant on Economic, Social
and Cultural Rights
Disarmament (art. 7) • Convention on Cluster Munitions
• Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of
Anti-personnel Mines and on Their Destruction
• Comprehensive Nuclear-Test-Ban Treaty
• Convention on the Prohibition of the
Development, Production, Stockpiling and Use
of Chemical Weapons and on their Destruction
• Convention on Prohibitions or Restrictions on
the Use of Certain Conventional Weapons
which may be deemed to be Excessively
Injurious or to have Indiscriminate Effects
• Convention on the Prohibition of the
Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin
Weapons and on their Destruction
• Treaty on the Non-proliferation of Nuclear
Weapons
• Arms Trade Treaty
6
Access to public services (art. 8) • Universal Declaration of Human Rights,
arts. 22 and 25
• International Covenant on Economic, Social
and Cultural Rights, arts. 6, 11–13
• International Covenant on Civil and Political
Rights, arts. 2 and 25
• Convention on the Rights of Persons with
Disabilities, arts. 24–25 and 28
• International Convention on the Protection
of the Rights of All Migrant Workers and
Members of Their Families, art. 43
New international economic order • Universal Declaration of Human Rights, art. 28
(art. 3)
7
Integral development is the common and joint responsibility of mem-
ber States (art. 31), preferably through multilateral organizations (art.
32). Cooperation among States in this regard “should include the
economic, social, educational, cultural, scientific and technological
fields, support the achievement of national objectives of the Member
States, and respect the priorities established by each country in its
development plans, without political ties or conditions” (ibid.).
• African Union. The African Charter on Human and Peoples’ Rights
(1981), which is legally binding on 53 State parties, provides that:
“All peoples shall have the right to their economic, social and cultural
development with due regard to their freedom and identity and in the
equal enjoyment of the common heritage of mankind” and “States
shall have the duty, individually or collectively, to ensure the exercise
of the right to development” (art. 22). Similar provisions are included
for specific groups in the African Youth Charter (art. 10) and in the
Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa (art. 19).
• League of Arab States. The Arab Charter on Human Rights (2004)
states that the right to development is a fundamental human right and
all States are required to establish the development policies and to take
the measures needed to guarantee this right. They have a duty to give
effect to the values of solidarity and cooperation among them and at
the international level with a view to eradicating poverty and achiev-
ing economic, social, cultural and political development. By virtue of
this right, every citizen has the right to participate in the realization of
development and to enjoy the benefits and fruits thereof (art. 37).
• Association of Southeast Asian Nations (ASEAN). A section of the
ASEAN Human Rights Declaration (2012) is devoted to the right to
development. In paragraph 37, member States recognize that the
implementation of the right to development requires effective devel-
opment policies at the national level as well as international coop-
eration, and that States should mainstream aspects of the right to
development into ASEAN community building as well as work with
the international community to promote development.
8
cussed above, the Declaration itself does not create a cause of legal action.
However, many of the elements of the right to development are reaffirmed
in binding international law, including international treaties, customary law
and regional instruments. To the extent that these constituent elements of the
right to development are justiciable, so too is the right to development itself.
Some key elements of this right, including sovereign equality, equity and the
duty to cooperate, are also evident in the larger body of international law,
beyond human rights.
In Africa, the right to development forms part of the African Charter on Hu-
man and Peoples’ Rights. There, the African Commission on Human and
Peoples’ Rights has found the right to be justiciable. In the Endorois case,
the Commission found that Kenya had violated the right to development of
the Endorois people by failing to involve them in relevant decision-making
processes and by not equitably distributing the benefits of development.5 The
Endorois are a community of approximately 60,000 people who, for centu-
ries, lived around Lake Bogoria in the Rift Valley. In 1978, the Government
created the Lake Bogoria Game Reserve, excluding the Endorois from their
traditional lands and grazing pastures, which resulted in the deaths of large
numbers of their cattle, the community’s livelihood. The Commission, making
reference to the Declaration on the Right to Development and the United
Nations Declaration on the Rights of Indigenous Peoples, found that the way
in which the Endorois had been dispossessed of their traditional lands and
denied access to resources constituted a violation of their right to develop-
ment. Consultations by the Government had been inadequate and the free,
prior and informed consent of the Endorois to the rezoning of their land had
not been obtained. Furthermore, the Endorois had been denied an equitable
share of the benefits of the Game Reserve. According to the Commission,
“the failure to provide adequate compensation and benefits, or provide suit-
able land for grazing indicates that the Respondent State did not adequately
provide for the Endorois in the development process.”
9
tion provides that all States should cooperate to promote, encourage
and strengthen respect for “all human rights and fundamental freedoms”.
Article 6 (2) highlights the indivisibility and interdependence of human
rights and states that “equal attention… should be given to the implemen-
tation, promotion and protection of civil, political, economic, social and
cultural rights.” Article 6 (3) states that failure to observe civil, political,
economic, social and cultural rights creates obstacles to development.
See also Q3.
The Declaration on the Right to Development and its principles were the
basis for the conceptualization of the United Nations human rights-based
10
approach to development.8 As such, a human rights-based approach fo-
cuses on ensuring participation, accountability, non-discrimination, equity
and consistency with international human rights standards, including the
right to development, in all development processes. A human rights-based
approach to development is a tool to promote human rights-compliant devel-
opment, particularly in development programming. This approach applies a
conceptual framework based on international human rights standards with
the right to development at its core and is directed towards the promotion
and protection of all human rights, including the right to development, in
development programmes.9
8
In 2003, United Nations agencies, funds and programmes issued the Statement of Common
Understanding on Human Rights-based Approaches to Development Cooperation and Program-
ming. It provides that: (a) all development programmes should further the realization of human
rights; (b) human rights standards should guide all development programming in all phases of
the process; and (c) development programming should enhance the capacity of “duty bearers”
to meet their obligations and/or of “rights holders” to claim their rights. The Human Rights-based
Approach to Development Cooperation: Towards a Common Understanding among the United
Nations Agencies, Second Inter-agency Workshop, Stamford, United States of America, May
2003.
9
For further information on a human rights-based approach to development, see Frequently
Asked Questions on a Human Rights-based Approach to Development Cooperation (United
Nations publication, Sales No. [Link].10).
11
development (Declaration, art. 3 (1)); in ensuring development and eliminat-
ing obstacles to development, and promoting a new international economic
order based on sovereign equality, interdependence, mutual interest and
cooperation among all States (art. 3 (3)); and in formulating international
development policies (art. 4 (1)). The Declaration also calls for sustained
action for more rapid development of developing countries and effective
international cooperation to provide them with appropriate means and facili-
ties to foster their comprehensive development (art. 4).
10
See also Commission on Human Rights resolution 2000/64.
12
records Member States’ commitments to the promotion of both, as well as in
the 2030 Agenda for Sustainable Development.
This vision of development has helped shape the 2030 Agenda for Sustainable
Development, in which the importance of the right to development is explicitly
recognized. The 2030 Agenda states that it is informed among other instru-
13
ments by the Declaration on the Right to Development (para. 10) and recogniz-
es respect for human rights, including the right to development, as a prerequisite
for peace and security and, therefore, for sustainable development (para. 35).
In order to help realize these Goals, the 2030 Agenda directly integrates the
Addis Ababa Action Agenda and its commitment to respect all human rights,
including the right to development. The Addis Ababa Action Agenda calls
for increased accountability for development financing commitments (para.
58), including accountability for businesses (paras. 35 and 37), renews
pledges to provide a social protection floor for everyone (para. 12), estab-
lishes a new technology facilitation mechanism (para. 123), and includes for
the first time a follow-up and review mechanism for financing development
(paras. 130–134). The implementation of the Addis Ababa Action Agenda
requires an international system of financing for development that is just,
14
equitable, cooperative, transparent and accountable, that integrates human
rights commitments, and that makes the human person the central subject of
development.
Climate change, which has been integrated into the 2030 Agenda for Sus-
tainable Development and as a stand-alone goal in Sustainable Develop-
ment Goal 13, also has significant human rights implications. It threatens the
full and effective enjoyment of a range of human rights, including the right to
development, by people throughout the world, and its impact falls most heav-
ily on the poorest and most marginalized individuals, groups, communities
and countries that have contributed the least to greenhouse gas emissions.
15
development, as do the global challenges mentioned above. The right to
development demands that these difficult and diverse issues be addressed
comprehensively and coherently with the ultimate policy objective of secur-
ing freedom from fear and freedom from want for everyone.
As trade negotiations have proliferated and the human rights impact of trade
and investment agreements is better understood, it has become increasingly
clear that States must step up their efforts to integrate human rights, including
the right to development, in new trade and investment in order to fulfil their
human rights commitments. Likewise, the obligations outlined in the Declara-
tion require that aid or official development assistance, as well as interna-
tional lending, should be adequate, effective and transparent, administered
through participatory and accountable processes, and targeted towards the
countries, people and groups most in need, including within those States
where the ability to mobilize domestic resources is weakest.
16
Q.12 What is the role of the United Nations and the Office of
the High Commissioner for Human Rights in relation to
the right to development?
The United Nations has played a key role throughout the emergence and
development of the right to development both before and after the adoption
of the Declaration on the Right to Development (see annex II below). It has
supported a series of expert mechanisms:
17
other relevant international organizations and NGOs on the relationship
between their activities and the right to development; and to present for
the consideration of the Human Rights Council a report on its deliberations,
including advice to the Office of the United Nations High Commissioner for
Human Rights with regard to the implementation of the right to development
and to suggest possible programmes of technical assistance, at the request
of interested countries, with the aim of promoting the implementation of the
right to development. The Working Group meets once a year in Geneva
and submits its report to both the Council and the General Assembly. United
Nations agencies, other international organizations as well as civil society
representatives participate as observers in its sessions.
18
tion of informational and educational materials.17 OHCHR also provides
secretariat support to mechanisms and mandates of the General Assembly
and the Human Rights Council related to the right to development, including
the above-mentioned Working Group.
19
dimensions are necessary for the full realization of the right to development.
National policies and measures for development will not succeed without an
international environment which enables development, and vice versa.
20
(d) The evolution, assessment and dissemination of practical and specific
measures at the national and international levels;
(g) Good governance and the rule of law at both national and interna-
tional levels;
(b) Economic and social reforms at the national and international levels
(arts. 8 and 10);
(e) Promoting peace and disarmament, and redirecting the savings from
disarmament into development (art. 7).
21
issues connected with the right to development. Some examples are: the
recognition by the Committee on Economic, Social and Cultural Rights of
the close relationship and complementarity between the International Cov-
enant on Economic, Social and Cultural Rights and the right to development,
including many parallel provisions in areas like employment, food, hous-
ing, health and education; the development by the Special Rapporteur on
the right to food of Guiding principles on human rights impact assessments
of trade and investment agreements (A/HRC/19/59/Add.5); the focus
on self-determination of the Special Rapporteur on the rights of indigenous
peoples; and consideration by the Working Group on Business and Human
Rights of the responsibilities of non-State actors for development, including
with regard to responsible investment.
Everyone who plays a role in creating and shaping policy, including, but not
only, parliamentarians and policymakers, religious and community leaders,
civil society organizations and faith-based groups, academics and voters,
can contribute to the formulation of policies that are in line with the right to
development and that incorporate its principles and elements. As discussed
above, under the Declaration “all human beings have a responsibility for
development”, and all individuals, including youth and children, should be
enabled to act in their personal capacity to fulfil the right to development
for themselves and others. Human rights education that incorporates educa-
tion on the right to development will help to bring these basic elements to
the grass roots and enable participatory and human-centred development.
Furthermore, the private sector can contribute to the implementation of the
right to development by ensuring that all business activities, including public-
private partnerships, incorporate the fundamental principles enshrined in the
Declaration and conform to the understanding of “the human person” as the
central subject, participant and beneficiary of development. Fundamentally,
the right to development is a right that belongs to all individuals and peoples,
and therefore every human person, each community and the entire popula-
tion should be enabled and empowered in practice to participate in, con-
tribute to, and enjoy economic, social, cultural and political development.
22
ANNEX I
Bearing in mind the purposes and principles of the Charter of the United
Nations relating to the achievement of international cooperation in solving in-
ternational problems of an economic, social, cultural or humanitarian nature,
and in promoting and encouraging respect for human rights and fundamen-
tal freedoms for all without distinction as to race, sex, language or religion,
Recalling also the right of peoples to exercise, subject to the relevant provi-
sions of both International Covenants on Human Rights, full and complete
sovereignty over all their natural wealth and resources,
a
Adopted by the United Nations General Assembly in its resolution 41/128 of 4 December
1986.
23
Mindful of the obligation of States under the Charter to promote universal
respect for and observance of human rights and fundamental freedoms for all
without distinction of any kind such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status,
Considering that the elimination of the massive and flagrant violations of the
human rights of the peoples and individuals affected by situations such as
those resulting from colonialism, neocolonialism, apartheid, all forms of rac-
ism and racial discrimination, foreign domination and occupation, aggres-
sion and threats against national sovereignty, national unity and territorial
integrity and threats of war would contribute to the establishment of circum-
stances propitious to the development of a great part of mankind,
Considering that international peace and security are essential elements for
the realization of the right to development,
Recognizing that the human person is the central subject of the development
process and that development policy should therefore make the human being
the main participant and beneficiary of development,
Aware that efforts at the international level to promote and protect human
rights should be accompanied by efforts to establish a new international
economic order,
24
Confirming that the right to development is an inalienable human right and
that equality of opportunity for development is a prerogative both of nations
and of individuals who make up nations,
Article 1
1. 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.
2. 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.
Article 2
3. States have the right and the duty to formulate appropriate national de-
velopment policies that aim at the constant improvement of the well-being of
the entire population and of all individuals, on the basis of their active, free
and meaningful participation in development and in the fair distribution of
the benefits resulting therefrom.
Article 3
1. States have the primary responsibility for the creation of national and inter-
national conditions favourable to the realization of the right to development.
2. The realization of the right to development requires full respect for the
principles of international law concerning friendly relations and cooperation
among States in accordance with the Charter of the United Nations.
25
3. States have the duty to cooperate with each other in ensuring develop-
ment and eliminating obstacles to development. States should realize their
rights and fulfil their duties in such a manner as to promote a new interna-
tional economic order based on sovereign equality, interdependence, mu-
tual interest and cooperation among all States, as well as to encourage the
observance and realization of human rights.
Article 4
1. States have the duty to take steps, individually and collectively, to for-
mulate international development policies with a view to facilitating the full
realization of the right to development.
Article 5
States shall take resolute steps to eliminate the massive and flagrant viola-
tions of the human rights of peoples and human beings affected by situations
such as those resulting from apartheid, all forms of racism and racial discrimi-
nation, colonialism, foreign domination and occupation, aggression, foreign
interference and threats against national sovereignty, national unity and ter-
ritorial integrity, threats of war and refusal to recognize the fundamental right
of peoples to self-determination.
Article 6
2. All human rights and fundamental freedoms are indivisible and interde-
pendent; equal attention and urgent consideration should be given to the im-
plementation, promotion and protection of civil, political, economic, social
and cultural rights.
26
Article 7
Article 8
1. States should undertake, at the national level, all necessary measures for
the realization of the right to development and shall ensure, inter alia, equal-
ity of opportunity for all in their access to basic resources, education, health
services, food, housing, employment and the fair distribution of income. Ef-
fective measures should be undertaken to ensure that women have an active
role in the development process. Appropriate economic and social reforms
should be carried out with a view to eradicating all social injustices.
Article 9
1. All the aspects of the right to development set forth in the present Dec-
laration are indivisible and interdependent and each of them should be
considered in the context of the whole.
Article 10
Steps should be taken to ensure the full exercise and progressive enhance-
ment of the right to development, including the formulation, adoption and
implementation of policy, legislative and other measures at the national and
international levels.
27
ANNEX II
Landmarks in the recognition of development
as a human right a25
a
Various United Nations mechanisms set up to address the right to development are shown in grey.
28
1960 Declaration on the Granting • All peoples have an inalienable right to
of Independence to Colonial complete freedom, the exercise of their
Countries and Peoples sovereignty and the integrity of their national
(General Assembly resolution territory
1514 (XV)) • All peoples have the right to self-determination;
by virtue of that right they freely determine their
political status and freely pursue their economic,
social and cultural development
1961 Programme for the first • All States are to intensify their efforts to
United Nations Development mobilize and to sustain measures to achieve
Decade (General Assembly self-sustaining growth of nations and their
resolution 1710 (XVI)) social advancement (para. 1)
• Appealing for more “equitable” and “mutually
acceptable” economic relations between
developed and developing countries, the
General Assembly reaffirms the duty of States to
cooperate internationally and express solidarity
to create the conditions necessary to achieve
the target set
1962 Declaration on permanent The resolution proclaims the inalienable right
sovereignty over natural of peoples and nations to permanent sovereignty
resources (General Assembly over their natural wealth and resources, and that
resolution 1803 (XVII)) such sovereignty is a basic constituent of the
sovereign and inalienable right of peoples to
self-determination, including development
1965 International Convention on The Convention condemns all forms of racial
the Elimination of All Forms of discrimination against individuals and groups;
Racial Discrimination (General further defines some of the basic principles
Assembly resolution 2106 on which the right to development is based:
(XX)) non-discrimination, equality and social justice
1966 International Covenants on Both Covenants recognize that the ideal of
Human Rights – Covenants on free human beings enjoying freedom from fear
Civil and Political Rights and and want can only be achieved if conditions
Economic, Social and Cultural are created whereby everyone may enjoy his
Rights (General Assembly economic, social and cultural rights, as well as his
resolution 2200A (XXI)) civil and political rights (third preambular common
paragraph)
1968 Proclamation of Teheran, The Proclamation of Teheran states that
International Conference on the achievement of lasting progress in the
Human Rights implementation of human rights is dependent upon
sound and effective national and international
development policies of economic and social
development (para. 13).
29
1969- Special Rapporteur of the To submit a comprehensive report, together with
1974 Commission on Human Rights, his conclusions and recommendations including
Mr. Manouchehr Ganji the question of the role of the Commission in this
regard, on the realization … of economic, social
and cultural rights …, taking particular account of
the special problems of the developing countries
in this regard (Commission resolution 14 (XXV),
para. 1)
(The study is contained in E/CN.4/1108/Rev.1)
1969 Declaration on Social Progress • The Declaration affirms that the aim of social
and Development (General progress and development is “the continuous
Assembly resolution 2542 raising of the material and spiritual standards
(XXIV)) of living of all members of society, with respect
for and in compliance with human rights and
fundamental freedoms” (Part II, Objectives)
• All peoples and all human beings, without
distinction as to race, colour, sex, language,
religion, nationality, ethnic origin, family or
social status, or political or other conviction,
shall have the right to live in dignity and freedom
and to enjoy the fruits of social progress and
should, on their part, contribute to it (art. 1)
1970 Declaration on Principles of The Declaration reaffirms and elaborates upon
International Law concerning the principle of equal rights and self-determination
Friendly Relations and contained in the Charter of the United Nations,
Cooperation among States in reaffirmed in common article 1 of the two
accordance with the Charter International Covenants on Human Rights and
of the United Nations (General subsequently incorporated in article 1 of the
Assembly resolution 2625 Declaration on the Right to Development
(XXV))
1970 International Development The Strategy recognizes the interdependence of
Strategy for the Second United development and human rights, including the right
Nations Development Decade of peoples to self-determination and the related
(General Assembly resolution concept of popular participation
2626 (XXV))
1974 Declaration on the The Declaration affirms inter alia that the present
Establishment of a New international economic order is in direct conflict
International Economic Order with current developments in international political
(General Assembly resolution and economic relations. Since 1970 the world
3201 (S-VI)) economy has experienced a series of grave crises
which have had severe repercussions, especially
on the developing countries because of their
generally greater vulnerability to external economic
impulses (para. 2)
30
1974 Charter of Economic The Charter aims at the establishment of a new
Rights and Duties of States international economic order, based on equality,
(General Assembly resolution sovereign equality, interdependence, common
3281(XXIX)) interest and cooperation among all States,
irrespective of their economic and social systems
1974- Sub-Commission on the • The Sub-Commission developed and considered
2005 Promotion and Protection several studies and reports on various thematic
of Human Rights issues relevant to the right to development (see
the OHCHR website, right-to-development
documents archive)
• The Commission on Human Rights requested the
Sub-Commission to prepare a concept document
establishing options for the implementation of
the right to development and their feasibility,
inter alia, an international legal standard of a
binding nature, guidelines on the implementation
of the right to development and principles
for development partnerships… (resolution
2003/83)
• In 2006, the Sub-Commission was replaced by
the Advisory Committee
1977- Commission on Human Rights • For the first time the Commission requested a
2005 study on the international dimensions of the right
to development as a human right in relation
with other human rights (resolution 4 (XXXIII)
of 21 February 1977)
• The Commission considered and adopted a
resolution on the right to development annually
from 1985 to 2005. The Commission was
replaced by the Human Rights Council in 2006
1978 Declaration on Race and Any distinction, exclusion, restriction or preference
Racial Prejudice of the United based on race, colour, ethnic or national origin
Nations Educational, Scientific or religious intolerance motivated by racist
and Cultural Organization considerations, which destroys or compromises
the sovereign equality of States and the right
of peoples to self-determination, or which limits
in an arbitrary or discriminatory manner the
right of every human being and group to full
development is incompatible with the requirements
of an international order which is just and
guarantees respect for human rights; the right to full
development implies equal access to the means of
personal and collective advancement and fulfilment
in a climate of respect for the values of civilizations
and cultures, both national and worldwide (art. 3)
31
1979- Secretary-General • The Secretary-General submitted reports
present and studies on the international dimensions
of the right to development as a human right
(E/CN.4/1334), the regional and national
dimensions of the right to development
as a human right (E/CN.4/1421 and
E/CN.4/1488) and on popular participation
(E/CN.4/1985/10) to the Commission on
Human Rights
• The Secretary-General submits an annual report
on the right to development to the General
Assembly and the Human Rights Council
1980 International Development It underlined the relationship between development
Strategy for the Third United and the individual and the collective, national
Nations Development Decade and international justice, and the need for a
(General Assembly resolution new international economic order and structural
35/56) changes at the national and international levels
1981 African Charter on Human All peoples shall have the right to their economic,
and Peoples’ Rights social and cultural development with due regard
to their freedom and identity and in the equal
enjoyment of the common heritage of mankind
(art. 22 (1))
1981- Working Group of • To study the scope and contents of the right to
1989 Governmental Experts on the development and the most effective means to
Right to Development ensure the realization of economic, social and
(15 experts) cultural rights (Commission resolution 36 (XXXVII)
of 11 March 1981)
• To submit concrete proposals for implementation
of the right to development and for a draft
international instrument on this subject (ibid.)
• To submit recommendations to the Commission
on practical measures to implement the
Declaration and specific proposals for future
work (resolution 1987/23)
1981- General Assembly • The General Assembly declared that the right
present to development is an inalienable human right
(resolution 36/133 of 14 December 1981)
• The General Assembly has considered and
adopted a resolution on the right to development
annually since 1987
1986 DECLARATION ON THE RIGHT TO DEVELOPMENT
(General Assembly resolution 41/128)
1990 Global Consultation on The consultation took place on 8-12 January 1990
the Right to Development as in Geneva as requested by the Commission in its
a Human Right resolution 1989/45
32
1992 Rio Declaration on The right to development must be fulfilled so as
Environment and Development to equitably meet developmental and
environmental needs of present and future
generations (Principle 3)
1993 Vienna Declaration and • The World Conference on Human Rights (for
Programme of Action the first time all United Nations Member
States by consensus) reaffirmed the right to
development, as established in the Declaration
on the Right to Development, as a universal
and inalienable right and an integral part of
fundamental human rights
• The international community should promote
an effective international cooperation for the
realization of the right to development and the
elimination of obstacles to development
• Lasting progress towards the implementation
of the right to development requires effective
development policies at the national level,
as well as equitable economic relations and
a favourable economic environment at the
international level (para. 10)
1993- High Commissioner for • The General Assembly established the post of
present Human Rights and OHCHR High Commissioner for Human Rights in order,
inter alia, to promote and protect the realization
of the right to development and to enhance
support from relevant bodies of the United
Nations system for this purpose (resolution
48/141 of 7 January 1994, para. 4 (c))
• Subsequently, the General Assembly requested
the High Commissioner to mainstream the
right to development and effectively undertake
activities aimed at strengthening the global
partnership for development among Member
States, development agencies and the
international development, financial and trade
institutions (see its annual resolutions on the right
to development)
• The Human Rights Council requested OHCHR
to continue to report on its activities, including
on inter-agency coordination within the United
Nations system with regard to the promotion
and realization of the right to development
(resolution 19/34 of 23 March 2012)
1993- Open-ended Working Group • To identify obstacles to the implementation and
1995 of Governmental Experts on realization of the Declaration
the Right to Development • To recommend ways and means towards the
(15 experts) realization of the right to development by all
States (Commission resolution 1993/22)
33
1994 Cairo Programme of The right to development must be fulfilled so as
Action of the International to equitably meet the population, development
Conference on Population and and environment needs of present and future
Development generations
1995 Copenhagen Declaration Promoting the realization of the right to
on Social Development and development through strengthening democracy,
Programme of Action of the development and respect for human rights and
World Summit for Social fundamental freedoms and through effective
Development development policies at the national level, as well
as equitable economic relations and a favourable
economic environment at the international level
1995 Beijing Declaration and We reaffirm our commitment to the equal rights
Platform for Action, Fourth and inherent human dignity of women and men
World Conference on Women and other purposes and principles enshrined in
the Charter of the United Nations, to the Universal
Declaration of Human Rights and other international
human rights instruments, in particular …, as well as
… and the Declaration on the Right to Development
(para. 8)
1996- Intergovernmental Group • To elaborate a strategy for the implementation
1997 of Experts on the Right and promotion of the right to development
to Development (10 • To elaborate concrete and practical measures
experts) for the implementation and promotion of the right
(Commission resolution 1996/15)
1998- Open-ended Intergovernmental • To monitor and review progress made in the
present Working Group on the Right promotion and implementation of the right to
to Development development as elaborated in the Declaration,
at the national and international levels, providing
recommendations thereon and further analysing
obstacles to its full enjoyment, focusing each
year on specific commitments in the Declaration
• To review reports and any other information
submitted by States, United Nations agencies,
other relevant international organizations
and non-governmental organizations on the
relationship between their activities and the right
to development
• To present a sessional report on its deliberations,
including advice to the Office of the High
Commissioner for Human Rights with regard to
the implementation of the right to development
and suggesting possible programmes of
technical assistance at the request of interested
countries with the aim of promoting the
implementation of the right to development
(Commission resolution 1998/72)
• To complete the tasks entrusted by the Council
in its resolution 4/4 (Human Rights Council
resolution 9/3 of 24 September 2008)
34
1998- Independent Expert of the To present to the intergovernmental Working
2003 Commission on Human Rights Group on the Right to Development at each
on the right to development, of its sessions a study on the current state of
Mr. Arjun Sengupta progress in the implementation of the right to
development as a basis for a focused discussion
(Commission resolution 1998/72)
2000 Millennium Declaration “We [Heads of State and Government] are
committed to making the right to development a
reality for everyone and to freeing the entire human
race from want” (para. 11)
2002 Monterrey Consensus of the Freedom, peace and security, domestic stability,
International Conference on respect for human rights, including the right
Financing for Development to development, and the rule of law, gender
equality, market-oriented policies, and an overall
commitment to just and democratic societies are
also essential and mutually reinforcing (para. 11)
2004 High-level seminar on the The seminar was organized on 9–10 February
right to development: Global 2004 as requested in Commission resolution
partnership for development 2003/83
2004 Arab Charter on Human Rights The right to development is a fundamental human
right and all States are required to establish the
development policies and to take the measures
needed to guarantee this right. They have a
duty to give effect to the values of solidarity and
cooperation among them and at the international
level with a view to eradicating poverty and
achieving economic, social, cultural and political
development. By virtue of this right, every citizen
has the right to participate in the realization of
development and to enjoy the benefits and fruits
thereof (art. 37)
2004- High-level task force on the To provide expert findings and recommendations to
2010 implementation of the right the intergovernmental Working Group on the Right
to development (5 experts) to Development (Commission resolution 2004/7)
2005 World Summit Outcome “We resolve further to strengthen the United
Nations human rights machinery with the aim of
ensuring effective enjoyment by all of all human
rights and civil, political, economic, social and
cultural rights, including the right to development”
(para. 123)
2007 United Nations Declaration “Indigenous peoples have the right to determine
on the Rights of Indigenous and develop priorities and strategies for exercising
Peoples their right to development. In particular, indigenous
peoples have the right to be actively involved in
developing and determining health, housing and
other economic and social programmes affecting
them and, as far as possible, to administer such
programmes through their own institutions” (art. 23)
35
2009 African Commission on The Commission found that the way in which the
Human and Peoples’ Rights Endorois, an indigenous community in Kenya, had
been dispossessed of their traditional lands and
denied access to resources constituted a violation
of their rights, including the right to development
under article 22 of the African Charter on Human
and Peoples’ Rights
2010 Outcome document of the “We also reaffirm the importance of freedom,
High-level Plenary Meeting of peace and security, respect for all human rights,
the General Assembly on the including the right to development, the rule of
Millennium Development Goals law, gender equality and an overall commitment
to just and democratic societies for development”
(para. 3)
2011 Istanbul Programme of Action “Equity at all levels is indispensable for the pursuit
for the Least Developed of long-term prosperity and the realization of all the
Countries for the Decade internationally recognized human rights, including
2011-2020 the right to development by all” (para. 29 (f))
2011 Human rights treaty bodies The Chairs of the human rights treaty bodies
made a joint statement: “we are resolved to make
a concerted effort to promote a development-
informed and interdependence-based reading of
all human rights treaties, so as to highlight and
emphasize the relevance and importance of the
right to development in interpreting and applying
human rights treaty provisions and in monitoring
compliance with these provisions”.
(See the OHCHR website for the full text)
2011 United Nations system Eighteen organizations of the United Nations
system issued a joint statement: “Since 1986, this
Declaration has provided normative underpinnings
for a human-centred approach to development.
Human development and human rights are
embedded and reinforce each other conceptually
and in practice, helping to secure the well-being
and dignity of all people”. (See the OHCHR
website for the full text)
2012 The Doha Mandate, thirteenth “Development strategies should be inclusive
session of the United Nations and designed to meet human needs. … People
Conference on Trade and have similar needs and aspirations, including
Development freedom, human rights including the right to
development, …” (para. 9)
2012 “The future we want”, “We [the Heads of State and Government
outcome document of the and high-level representatives] also reaffirm the
United Nations Conference importance of freedom, peace and security,
on Sustainable Development respect for all human rights, including the right
(“Rio+20”) to development and the right to an adequate
standard of living, …” (para. 8)
36
2012 ASEAN Human Rights The Declaration devotes a section to the right
Declaration to development (see arts. 35–37) and states,
inter alia, that ASEAN member States should
“mainstream the multidimensional aspects of the
right to development into the relevant areas of
ASEAN community building and beyond, and shall
work with the international community to promote
equitable and sustainable development, fair trade
practices and effective international cooperation”
2012 Quadrennial comprehensive This document provides policy guidance for
policy review of operational the United Nations operational activities for
activities for development of development. It reaffirms “the importance of
the United Nations system freedom, peace and security, respect for all
(General Assembly resolution human rights, including the right to development
67/226) and the right to an adequate standard of living,
including the right to food, the rule of law, gender
equality, women’s empowerment and the overall
commitment to just and democratic societies for
development” (preamble)
2015 Addis Ababa Action Agenda “We, the Heads of State and Government and
of the Third International High Representatives, … commit to respecting all
Conference on Financing for human rights, including the right to development”
Development (para. 1)
2015 2030 Agenda for Sustainable • “The new Agenda is … informed by other
Development, the Sustainable instruments such as the Declaration on the Right
Development Goals to Development” (para. 10)
• “The new Agenda recognizes the need to build
peaceful, just and inclusive societies that provide
equal access to justice and that are based on
respect for human rights (including the right to
development), on effective rule of law and good
governance at all levels and on transparent,
effective and accountable institutions” (para. 35)
37
Key elements of the Declaration on the Right to Development
38
Human Rights Fact Sheets*
No. 37 Frequently Asked Questions on the Right to Development
No. 36 Human Rights and Human Trafficking
No. 35 The Right to Water
No. 34 The Right to Adequate Food
No. 33 Frequently Asked Questions on Economic, Social and Cultural Rights
No. 32 Human Rights, Terrorism and Counter-terrorism
No. 31 The Right to Health
No. 30 The United Nations Human Rights Treaty System (Rev.1)
No. 29 Human Rights Defenders: Protecting the Right to Defend Human Rights
No. 28 The Impact of Mercenary Activities on the Right of Peoples to
Self-determination
No. 27 Seventeen Frequently Asked Questions about United Nations Special
Rapporteurs
No. 26 The Working Group on Arbitrary Detention
No. 25 Forced Evictions (Rev.1)
No. 24 The International Convention on Migrant Workers and its Committee
(Rev.1)
No. 23 Harmful Traditional Practices Affecting the Health of Women and Children
No. 22 Discrimination against Women: The Convention and the Committee
No. 21 The Right to Adequate Housing (Rev.1)
No. 20 Human Rights and Refugees
No. 19 National Institutions for the Promotion and Protection of Human Rights
No. 18 Minority Rights (Rev.1)
No. 17 The Committee against Torture
No. 16 The Committee on Economic, Social and Cultural Rights (Rev.1)
No. 15 Civil and Political Rights: The Human Rights Committee (Rev.1)
No. 14 Contemporary Forms of Slavery
No. 13 International Humanitarian Law and Human Rights
No. 12 The Committee on the Elimination of Racial Discrimination
No. 11 Extrajudicial, Summary or Arbitrary Executions (Rev.1)
No. 10 The Rights of the Child (Rev.1)
No. 9 Indigenous Peoples and the United Nations Human Rights System (Rev.2)
No. 7 Individual Complaint Procedures under the United Nations Human
Rights Treaties (Rev.2)
No. 6 Enforced or Involuntary Disappearances (Rev.3)
No. 4 Combating Torture (Rev.1)
No. 3 Advisory Services and Technical Cooperation in the Field of Human
Rights (Rev.1)
No. 2 The International Bill of Human Rights (Rev.1)
*
Fact sheets Nos. 1, 5 and 8 are no longer issued. All fact sheets are available online from
[Link].
39
The Human Rights Fact Sheet series is published by the Office of the United
Nations High Commissioner for Human Rights, United Nations Office at Ge-
neva. It deals with selected questions of human rights that are under active
consideration or are of particular interest.
Human Rights Fact Sheets are intended to assist an ever-wider audience in
better understanding basic human rights, what the United Nations is doing
to promote and protect them, and the international machinery available to
help realize those rights. Human Rights Fact Sheets are free of charge and
distributed worldwide.
40