The Realization of Right to Development as a Human Right

11 Pages Posted: 23 Jun 2019

See all articles by Samir Mohanty

Samir Mohanty

affiliation not provided to SSRN

Hitabhilash Mohanty

Supreme Court of India

Date Written: June 17, 2019

Abstract

In the past few decades, policy making, activism, and debates have taken a right based approach towards development influenced by the principles guiding human rights. The propitious consolidation of these two societal elements namely, ‘human rights’ and ‘development’ manifested the emergence of the ‘right to development.’ It exemplifies the notion that development is the basis of a right in itself. Intuitively it seems that the union of these key elements benefits the idea of making the world a better place, but on delving deep into the topic it calls for a nuanced assessment. It can be witnessed that at some levels of society, development causes gaps between rich and poor people. The diminishing per capita income is roughly one-third of all the countries and the people who were under viable livelihood are under poverty now. It can be said that development is adversely affecting other human rights. At this instance, it is economic, social and cultural rights. This is because it considers these rights to be consolidated in their scope and content regarding international responsibilities. Although it has limitations, at the same time it gives an added value to the overall human rights. It promotes other human rights for its optimum realization. In light of the right to development as a human right, the article determines its core norms. It examines the current legal framework and highlights its limitations. Further, it questions the value that the ‘development’ is adding to the ‘human rights.’

Keywords: human rights, right to development

Suggested Citation

Mohanty, Samir and Mohanty, Hitabhilash, The Realization of Right to Development as a Human Right (June 17, 2019). Available at SSRN: https://ssrn.com/abstract=3405672 or http://dx.doi.org/10.2139/ssrn.3405672

Samir Mohanty

affiliation not provided to SSRN

Hitabhilash Mohanty (Contact Author)

Supreme Court of India ( email )

Tilak Marg
New Delhi, Delhi 110201
India

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