Human Rights And Development Pdf

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Analyses on the contribution of human rights to economic growth contradict widespread discourses.

Sustainable Development Goals and Human Rights

Global human rights and development GHRAD Human rights and development aims converge in many instances and are beneficial only to the government and not the people although there can be conflict between their different approaches.

Today, [ when? Historically, the "minority clauses" guaranteeing civil and political rights and religious and cultural toleration to minorities were significant acts emerging from the peace process of World War I relating to a peoples rights to self-determination. Overseen by the League of Nations Council the process allowed petitions from individuals and was monitored under the jurisdiction of the Permanent Court of International Justice. The 'clauses' are an important early signpost in both the human rights and development histories.

The initial impetus of the current human rights legal regime and movement was in reaction to the Nazi atrocities of World War II. Human Rights are importantly referred to in the United Nations Charter [1] in both the Preamble and under Article 1 though only sparingly.

The preamble of the UN Charter reaffirms "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women". Article 2 4 however prohibits the use of force and has ever since be used to block humanitarian actions though Chapter VII provides for Security Council enforcement measures. Chapter VI of the Charter entitled International Economic and Social Cooperation provides Article 55 c the "universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion".

Article 56 requires States to take joint and separate actions in cooperation with the UN to achieve their mutual aims. Human rights are inherent in the progress of economic social and cultural goals and therefore to Human Development as such. The Universal Declaration of Human Rights [3] is not binding law and reflects an unwillingness of Allied powers to codify an International Bill of Rights where fears that colonial interests would be negatively affected were still influential.

Human rights are viewed as universal, indivisible, interdependent and interrelated. Articles the second pillar invokes first-generation rights civil 'liberties' fought for during the Enlightenment. Articles the third pillar are second-generation rights , relating to political, social and economic equity, championed during the Industrial Revolution.

Articles the fourth pillar are third-generation rights associated with community and national solidarity advocated from the late 19th. These pillars support the roof of the temple Articles representing the conditions in society under which the rights of individuals can be realized [4].

Certain civil and political rights converging with development aims include Article 2 which entitles everyone to rights with distinction as to race, colour, sex, or language; Article 3 the rights to life, liberty and security of person; Article 8 the right to effective remedy and Article 9 the right to an independent tribunal; Article 19 entails freedom of expression and Article 20 freedom of peaceful assembly; Article 21 is the right to participate in government and Article 26 provides rights to education.

Article 28 importantly signifies ' Everyone is entitled to a social and international order in which the rights and freedoms set forth in this declaration can be fully realized. The right calls for enforcement mechanisms and echoes Chapter VII of the UN Charter permitting security council intervention for human rights violations on a scale that threatens world peace.

Two critiques of the declaration are that it did not make political rights dependent on multi-party democracy and there is a lack of protection for ethnic minorities , protecting individual rights do not necessarily protect group rights.

The nexus between grave human rights violations and international security is significant as atrocities within a sovereign state are of concern to international law , when they upset neighbouring states in a manner disturbing to world peace. Article 55 of the Charter states "promotion of the respect for human rights helps create conditions of stability" and "recognition of Taken together the United Nations Charter and Universal Declaration of Human Rights provide a legal mechanism which may challenge the sovereign rights of States to oppress people within their own jurisdiction.

The Rio Declaration on Environment and Development [7] sought solutions to poverty, the growing gap between industrialized and developing countries and environmental problems.

All elements were accorded equal weight and the declaration defined the rights and obligations of nations in 27 principles and recognizes "the polluter pays" as its guiding tenet. Integrating human rights into humanitarian, development and peace keeping work throughout the UN system.

The major human rights principles guiding the programme are regarded as universality and inalienability; indivisibility; interdependence and interrelatedness; non-discrimination and equality; participation and inclusion; accountability and the rule of law.

The United Nations recognizes no hierarchy of rights, and all human rights are equal and interdependent, the right to development then is not an umbrella right that encompasses or trumps other rights nor is it a right with the status of a mere political aspiration.

The Right to development is regarded as an inalienable human right which all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development. The right includes 1 people-centred development, identifying "the human person" as the central subject, participant and beneficiary of development; 2 a human rights-based approach specifically requiring that development is to be carried out in a manner "in which all human rights and fundamental freedoms can be fully realized"; 3 participation, calling for the "active, free and meaningful participation" of people in development; 4 equity, underlining the need for "the fair distribution of the benefits" of development; 5 non-discrimination, permitting "no distinction as to race, sex, language or religion"; and 6 self-determination, the declaration integrates self-determination, including full sovereignty over natural resources, as a constituent element of the right to development.

The right is a third generation right viewed as a group right such that it is owed to communities as opposed to an individual right applying to individuals "It is a people, not an individual, that is entitled to the right to self-determination and to national and global development" [13] One obstacle to the right is in the difficult process of defining 'people' for the purposes of self- determination. Additionally, most developing states voice concerns about the negative impacts of aspects of international trade, unequal access to technology and crushing debt burden and hope to create binding obligations to facilitate development as a way of improving governance and the rule of law.

The right to development embodies three additional attributes which clarify its meaning and specify how it may reduce poverty 1 The first is a holistic approach which integrates human rights into the process 2 an enabling environment offers fairer terms in the economic relations for developing countries and 3 the concept of social justice and equity involves the participation of the people of countries involved and a fair distribution of developmental benefits with special attention given to marginalised and vulnerable members of the population.

It is now recognised in numerous international instruments, with the Rio Declaration asserting under principle 1 "Human beings are at the centre of concerns for sustainable development, they are entitled to a healthy and productive life in harmony with nature". Article 3 provides that "States have the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development" and this encompasses three main levels 1 States acting collectively in global and regional partnerships; 2 States acting individually as they adopt and implement policies that affect persons not strictly within their jurisdiction and 3 States acting individually as they formulate national development policies and programmes affecting persons within their jurisdiction.

Article 6 importantly provides "States should undertake, at the national level, all necessary measures for the realization of the right to development, echoing Article 2. Furthermore, the Maastricht Guidelines [20] on violations of economic, social and cultural rights provides that a state is in violation of the Covenant if it fails to allocate the maximum of its available resources to realizing human rights.

Its mandate is to globally a monitor and review progress made in the promotion and implementation of the right to development as elaborated in the Declaration, providing recommendations and analyzing obstacles to its full enjoyment; b to review reports and other information submitted by States, United Nations agencies, relevant international and non-governmental organizations, on the relationship between their activities and the right to development; and c to present a report to the HRC including advice to the Office of the United Nations High Commissioner for Human Rights OHCHR [23].

The U. The purpose of the working group was to monitor and review the progress of the Independent Expert and report back to the commission. The Independent Expert presented to the working group at each of its sessions a study on the current state of progress in the implementation of the right to development. The rationale of the process was to promote national and local 'ownership' of macroeconomic policies ensuring that they were sufficiently adapted to relieving poverty in the poorest countries.

The process represents an embrace of the values of participation and transparency in the formulation of macroeconomic policy, and thus has the potential to shape the content of these policies in order to meet the needs of the poor. PRSP's are prepared by member countries in a participatory process with domestic stakeholders and development partners like the World Bank or International Monetary Fund.

These are updated every three years with progress reports describing the country's macroeconomic, structural and social policies and programs over a three-year or longer period to promote growth and reduce poverty. Interim PRSPs I-PRSPs summarize the current knowledge and analysis of a country's poverty situation, describe the existing poverty reduction strategy, and lay out the process for producing a fully developed PRSP in a participatory fashion.

The introduction of PRSPs was a recognition by the IMF and the World Bank of the importance of country ownership of reform programs as well as the need for a greater focus on poverty reduction.

PRSPs aim to provide the crucial link between national public actions, donor support, and the development outcomes needed to meet the United Nations' Millennium Development Goals MDGs , which are centered on halving poverty between and Five core principles underlie the approach. Poverty reduction strategies should be 1 country-driven, promoting national ownership of strategies through broad-based participation of civil society; 2 result-oriented and focused on outcomes that will benefit the poor; 3 comprehensive in recognizing the multidimensional nature of poverty; 4 partnership-oriented, involving coordinated participation of development partners government, domestic stakeholders, and external donors ; and 5 based on a long-term perspective for poverty reduction.

In The UN High Commissioner for Human Rights commissioned the guidelines for the integration of human rights into poverty reduction Strategies which were further developed in the guidelines [26] The Commissioner in a concept note also states that the human rights framework is "a useful tool strengthening the accountability and equity dimensions of the Poverty Reductions Strategies.

These goals are sets of development targets that center on halving poverty and improving the welfare of the world's poorest by The IMF contributes to the goals through advice, technical assistance, lending to countries and mobilizing donor support. The Millennium Declaration considers six fundamental values necessary for international relations 1 freedom to raise children in dignity, freedom from hunger and from the fear of violence, oppression and injustice, including democratic and participatory governance based on the will of the people.

Prudence must be shown in the management of all living species and natural resources, through sustainable development and unsustainable patterns of production and consumption must be changed in the interest of the future welfare of our descendants and 6 shared responsibility, responsibility for managing worldwide economic and social development, as well as threats to international peace and security, must be shared among the nations of the world and should be exercised multilaterally.

Human rights have played a limited role in influencing MDG planning, though there are strong similarities between them and the content of the MDGs which resemble many economic and social rights. MDGs provide benchmarks for economic and social rights, while human rights strategies offer enhanced legitimacy, equity and sustainability to the MDG policies. The Millennium Declaration substantially refers to human rights and leaders have committed themselves to respecting recognized human rights and fundamental freedoms, including the right to development.

Economic, social and cultural rights, the rights of women, migrant, minorities, and participation are all emphasized in the declaration yet the pursuit of the MDGs has been in isolation from it. MDG targets are not sufficiently focused on inequalities within a country and human rights instruments require a minimum core level of economic, social and cultural rights to be immediately realized for all and for all discrimination in the exercise of rights to be eliminated. Inequalities within countries lead to violent conflict and countries focus on the relatively well-off among the poor in order to reach a particular MDG target.

The MDGs are accompanied by 18 targets measured by 60 indicators though the relationship between the goals, targets and indicators is not always clear. A range of activities are promoted as a means of achieving the MDGs such as tailoring the MDGs to the regional, national and local context and undertaking national needs assessments and monitoring progress through yearly MDG reports.

Non-State actors also carry human rights responsibilities with at least a minimum duty of not interfering with human rights such as the OECD Guidelines for Multinational Enterprises [32] provides a complaint system for violations by companies.

A specific critique of MDGs is that they place emphasis on the mobilization of financial resources and technical solutions, but less on transforming power relations that are partially responsible for levels of poverty.

The World Bank [33] has observed that in many situations the real barriers to progress on the MDGs are social and political. The realization of human rights therefore may be a precondition to fulfilling development goals.

The present global institutional order is foreseeably associated with avoidable severe poverty and its impositions may constitute an ongoing human rights violation.

Amartya Sen argues that individual physical characteristics, environmental and social conditions as well as behavioural expectations all play a role. The UN Committee on Economic, Social and Cultural Rights defines poverty as "human conditions characterised by chronic deprivation of resources capabilities, choices, security and power necessary for the enjoyment of an adequate standard of living".

Jeffrey Sachs place poverty in an historical trajectory with the ending of slavery, colonialism, segregation and apartheid but do not link these human rights movements to current causes of poverty elimination.

Policy economists discuss minimum standards, transparency, and participation unrelated to the human rights framework where poverty is seen to increases social wastage distorting economic and service delivery outcomes.

Joseph Stiglitz in Making Globalization Work refers to a gap between economic and political globalization and that a growth oriented economic analysis disregarding the impact of income on the realization of rights such as health or education and focusing instead on making choices in a world of limited resources. The G Statement on Global Development Issues does not mention human rights or human development and good governance is referred to only in relation to economic policy.

In the the Global Plan for Recovery and Reform [36] also fails to mention human rights or human development. The ingrained philosophy is a world economy based on market principles and effective regulation.

A strand of economics embraces human rights language such as the International Development Ethics Association [37] who apply a normative approach to development theories.

Human rights under these development perspectives revolve around the concept of freedom with expanding choice. The World Conference on Human Rights the Vienna Declaration confirmed that extreme poverty and social exclusion constitute a violation of human dignity and urgent steps are necessary to achieve better knowledge of extreme poverty and its causes.

Economic growth is regarded as the principal mechanism to achieve this goal while a human rights approach requires a focus on poor growth and a consideration of groups seeking development paths other than the conventional free market, export-driven model.

South-eastern Asia is the first developing region to reach the hunger reduction target ahead of Undernourished people in the total population of the region decreased from However, globally the slowing of growth brings continual job losses.

Unemployment has increased by 28 million since , and an estimated 39 million people have dropped out of the labour market, leaving 67 million people without jobs as a result of the global financial crisis. Families who send their girls to school are eligible to receive an annual ration of wheat and vegetable oil.

Since the programme has reached almost , girls. Whilst in India the UNDP is supporting the Mahatma Gandhi National Rural Employment Program , promoting laws passed in which guarantee the right to a minimum of days of paid work a year for landless labourers and marginal farmers. The scheme now provides 50 days work a year to around 50 million households where almost half of the beneficiaries are women.

Varun Gauri argues that economic and social rights, such as the right to health care or education, may be understood not as legal instruments for individuals, but as duties for governments and international agencies such that everyone bears some responsibility for their fulfillment.

Economists accept that the realization of high standards of health and education are conducive to economic growth. The human rights approach regards transparency and empowerment as ends in themselves, while an economic approach sees them as instrumental to a welfare outcome. The target is to ensure that by , children everywhere will be able to complete a full course of primary schooling [44] comparable to the Right to education , the goal however ignores the requirement of free primary education as conceived by the human right.

Even after 4 years of primary schooling, as many as million children cannot read and write undermining the basis for all future learning. Going to school is not enough and improving actual learning is critical. Poverty, gender and residential location are key factors keeping children out of school. Children from the poorest households are three times more likely to be out of school than children from the richest households. Positive developments have occurred in Afghanistan and Bangladesh where the Let Us Learn initiative has overcome barriers to education.

Human Rights and Development

We will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights. When the interrelationship between human rights and development co-operation was established in the s, the linkage between the two concepts was often connected with debates about the discontinuation of assistance to a country whose government grossly violated human rights and the punitive aspect of the linkage appeared to prevail in public opinion. In the course of the s, the relationship between human rights and development co-operation began to take on a different form. The use of development co-operation to promote human rights through, e. Gradually, human rights became part of the dialogue between donors and recipients.

The interministerial strategy Human Rights and Development aims to formalize the framework for French action to support the respect, protection and achievement of human rights through cooperation. In line with the new European Consensus on Development, it also aims to integrate the human rights-based approach in all development cooperation actions conducted by France. With this strategy, France intends to promote and reaffirm the indissociable link between human rights and sustainable development. While the fulfilment of human rights is the common ideal to be attained, it is also a means to achieve sustainable development. Development creates the conditions for the enjoyment of human rights for all, and respect for human rights contributes to a development that is truly sustainable. Deploying the rights-based approach across all sectors will require ambition and action on the part of the state, development stakeholders, civil society and the private sector.

Human rights and development

This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in Moreover, several goals and targets of the Agenda correspond to already existing individual human rights obligations.

Lessons Learned from Peer Learning Exchange. This ensures a minimum level of coherence across UN system agencies for reporting on how gender equality was integrated in evaluation reports. UNEG member's login.

Human rights and development

Global human rights and development GHRAD Human rights and development aims converge in many instances and are beneficial only to the government and not the people although there can be conflict between their different approaches. Today, [ when?

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