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UN GA RESOLUTION 41/128 DECEMBER 4, 1986 RIGHT TO DEVELOPMENT

Right to development

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Page 1: Right to development

UN GA RESOLUTION 41/128DECEMBER 4, 1986

RIGHT TO DEVELOPMENT

Page 2: Right to development

Declaration on the Right to Development

• Article 1• 1. The right to development is an inalienable human right...• 2. The right to development also implies the full realization of

the right of peoples to self-determination ...• Article 2• 1. The human person is the central subject of development ...• 2. All human beings have a responsibility for development ...• Article 3• 1. States have the primary responsibility for the creation of

national and international conditions...• 2. The realization of the right to development requires full

respect for the principles of international law concerning friendly relations ..

• 3. States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development.

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Declaration on the Right to Development (2)

• Article 4• 1. States have the duty to take steps ... To formulate

international development policies..• 2. sustained action is required to promote more rapid

development of developing countries.• Article 5• States shall take resolute steps to eliminate the massive

and fragrant violations of the human rights of peoples and human beings

• Article 6• 1. All States should cooperate with a view of promoting,

encouraging and strengthening universal respect for and observance of all human rights and fundamental freedoms...

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Declaration on the Right to Development (3)

• 2. All human rights and fundamental freedoms are indivisible and interdependent;

• 3. States should take steps to eliminate obstacles to development

• Article 7• All States should promote the establishment, maintenance and

strengthening of international peace and security ...• Article 8• 1. States should undertake, at the national level, all necessary

measures for the realization of the right to development ...• 2. States should encourage popular participation in all

spheres as an important factor in development and in the full realization of all human rights.

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Declaration on the Right to Development (4)

• Article 9• 1. All the aspects of the right to development

set forth in the present Declaration are indivisible and interdependent...

• 2. Nothing in the present Declaration shall be construed as being contrary to the purposes of the United Nations ...

• Article 10• Steps should be taken to ensure the full

exercise and progressive enhancement of the right to development ...

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The Human Rights at Issue (universal, indivisible, interconnected and

interdependent human rights)

• The human right to economic, political social and cultural development which is sustainable, which results in a fair distribution of benefits to individuals and peoples throughout a society, and which allows for the realization of all other human rights.

• The human right to an international environment in which human right to development and all other human rights can be fully realized.

• The human right to full and equal participation in developmental and environmental planning and decision-making, and in shaping all policies affecting ones community and living conditions, at the local, national and international level.

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The Human Rights Issue (2)

The human right to share in the benefits of scientific progress.

The human right to equality and opportunity and freedom from discrimination based on gender, race, religion, or any other status.

The human right to an adequate standard of living, including access to safe food, water, and housing.

The human right to work and to receive wages that contribute to an adequate safeguards for pregnant women.

The human right to equal access for all persons to productive resources, including land, credit, and technology.

The human right to safe and healthy environment.

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The Human Rights at Issue (3)

• The human right to the highest attainable standard of health

• The human right of the child to live in an environment appropriate for physical and mental development.

• The human right to equal access to education and information, including reproductive education.

• The human right to equality between men and women, including in all matters relating to reproduction, and to equal partnership in the family and society.

• The human right to peace.• The human right of individuals and peoples to self-

determination, including the right to determine freely their political status, to pursue their economic, social and cultural development, and to have full and complete sovereignty over all their natural wealth and resources.

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Human Rights Law that Guarantee Everyone the Human Right to Development

“Everyone, as a member of society, has the right to social security and is entitled to realization of the economic, social and cultural rights indispensable for his dignity...” (Universal Declaration of Human Rights).

“All peoples have the right to self-determination. ...” (International Covenant on Economic, Social and Cultural Rights)

“... States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health ...” (Convention on the Rights of the Child).

“States Parties undertake to prohibit and to eliminate racial discrimination in all its forms ...” Convention on the Elimination of all Forms of Racial Discrimination )

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Human Rights Law (2)

“States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on the basis of equality of men and women ..” (Convention on the Elimination of All Forms of Discrimination Against Women).

“[Indigenous peoples] shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy...” (ILO Indigenous and Tribal People’s Convention, (No 169).

“The right to development is an inalienable human right ...” Declaration on the Right to Development).

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Human Rights Law (3)

“Human beings are the center of concerns for sustainable development.” (Rio Declaration).

“The ... Objective of enabling all people to achieve sustainable livelihoods should ... Address issues of development, sustainable resource management and poverty eradication simultaneously.” (Agenda 21).

The World Conference on Human Rights reaffirms the right to development ... As a universal and inalienable right and an integral part of fundamental human rights ...” (Vienna Declaration).

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Human Rights Law (4)

“We recognize ... That social development is central to the needs and aspirations of peoples throughout the world and to the responsibilities of Governments ...” (Copenhagen Declaration).

“The right to development is a universal and inalienable right and an integral part of fundamental human rights, and the human person is subject of development...” (Cairo Programme of Action).

“Sustainable development is essential for human settlements development, and gives full consideration to the needs and necessities of achieving economic growth, social development and environmental protection...” (Beijing Declaration).