The Relationship Between Human Rights and Development

SSRN Electronic Journal, 2000

This paper uses Sen's capability approach to explore whether there are inherent contradictions between human rights and development. Sen's capability and human development approach provides a conceptual framework within which human rights principles can be incorporated into development planning and action because his theory of development as capability expansion defines the ultimate purpose of development as the expansion of human freedom). The 'human rights based approach' has gained momentum as an idea and is being adopted by several international NGOs and donor agencies in their development work. Yet many development practitioners and economists remain sceptical of this approach and its implementation has been partial. To assess the spread of this approach in government policy, the paper analysed Poverty Reduction Strategy Papers for 55 countries and finds only a few substantially engages with human rights as a development objective or integrate human rights principles into development strategies. The paper reviews the theoretical critiques and concludes that the obstacles to further implementation do not lie with inherent contradictions between human rights principles and development but with gaps in practical approaches. In particular, it identifies interpretation of the principle of indivisibility as a major obstacle; the absolutist interpretation leads to positions that amount to little more than sloganeering that undermines the credibility of the approach. More work is needed to analyse norms of human rights that relate to the duty bearer to promote human rights in development in economic, social and governance policies.

The Pretoria Student Law Review

This article explores the relationship between human rights anddevelopment and the emergence of a Rights-Based Approach toDevelopment (RBAD). It will give a RBAD more consideration in order tocontribute to the conceptual direction of academic discourse, andperhaps even the political direction by proposing solutions to Africa’ssocio-economic problems, especially in South Africa, which is facingmany developmental challenges. Human rights and development havelong been understood as separate terms that were incompatible.Historically, development was only perceived for its role in promotionof economic growth and prosperity of particular countries without anyconsideration for human development and well-being. However, humanrights and development cannot be understood separately. Developmentand human rights share the same goal, which is to promote the dignityand worth of a human person by creating an environment where peoplecan achieve their full potential. Following the adoption of the UNC...

Human rights and development continue to reflect a separate evolution. This paper explores challenges which characterize the relationship between human rights and development from a legal perspective suggesting reasons why the tensions and disconnects endure. It makes an obvious, but nevertheless underappreciated point:

Mediterranean Journal of Social Sciences, 2014

This paper seeks to examine the possible benefits and losses that could accrue from linking human rights and development. The paper was prepared using a desktop research wherein various previous articles were examined to ascertain the extent to which the link between the human rights and development discourses is espoused. There have been growing debates regarding linking Human rights and Development. Leading multilateral development institutions such as the United Nations Development Programme (UNDP) and World Bank have also embraced the Human Rights-Development nexus. Considering the fact that both these discourses have existed in parallel for a very long time an attempt to merge them is likely to be met with some measure of resistance or acceptance. Therefore, this paper seeks to evaluate the extent to which the link between Human Rights and Development adds value or loss to the development agenda.

Ethics & International Affairs, 2008

Journal for Juridical Sciences, 2018

During the 1990s, the human rights-based approach (HRBA) emerged as the newest development framework to address increasing global poverty and inequality. Under this approach, development objectives are determined by human rights standards and goals as set out in international treaties, conventions, declarations, and authoritative interpretations of rights. Beneficiaries of development programmes also gain legal rights against corresponding duty bearers, which supersedes moral claims for the fulfilment of development goals. Furthermore, human rights principles such as equality and non-discrimination, accountability, participation, empowerment and the indivisibility of rights form the cornerstone of a HRBA. However, the human rights framework, as the foundation for this approach, has come under severe criticism over the past few years. Significant disparities exist between that which is promised in the Universal Declaration of Human Rights and real-world respect for, and protection of human rights. This article aims to explore and analyse the most popular of these criticisms. These include critiques raised against the claimed universality of rights, inherent discriminatory practices, the inability of the framework to take account of practicalities and limitations, and the lack of effective protection and monitoring by United Nation's bodies. It also explores emerging threats such as, for example, globalisation to the human rights framework. However, the framework has proven to be adaptable to these challenges. Practitioners and scholars are continuously working towards overcoming practicalities that impede the achievement of the protection and realisation of the human rights of all. In addition, the article examines critiques against the normative value of human rights as a product of natural law. However, the international human rights framework has gained widespread acceptance as the highest moral authority, as it is based on respect for human dignity and guaranteeing the freedom of all. The article demonstrates that the use of human rights language in lieu of other terms such as 'goals', 'duties', 'interests', 'needs', and 'claims' carries several advantages, the most important of which is the creation of rights holders with corresponding duty bearers. It also determines that, despite the numerous critiques examined, the human rights framework offers a solid, and the most accepted, foundation for development programming with a number of benefits.

Economic Premise n.50, 2011

"In the past two decades, there has been a growing engagement between development and human rights practitioners and thinkers. But are participants in this dialogue still mainly talking past each other? Or has there been valuable cross-fertilization and learning—the Millennium Development Goals (MDGs) themselves being a fruit of this convergence? This note addresses three points. The first point is the growing convergence between human rights and development thinking along several dimensions, particularly on social and economic rights. The second point is a consideration of the continuing areas of difference or divergence and of outstanding or open questions. Are these areas of conflict or are they valuable complementarities? The third point asks where are we with MDGs on the ground, and what can the dialogue between human rights and development contribute to furthering progress on MDGs?"