Human Rights Based Approaches to Developmen T: Concepts, Evidence, and Policy

28 Pages Posted: 20 Apr 2016  

Varun Gauri

World Bank; World Bank - Development Research Group (DECRG)

Siri Gloppen

University of Bergen - Department of Comparative Politics; Chr. Michelsen Institute (CMI)

Date Written: January 1, 2012

Abstract

This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.

Keywords: Human Rights, Gender and Law, Health Law, Parliamentary Government, Population Policies

Suggested Citation

Gauri, Varun and Gloppen, Siri, Human Rights Based Approaches to Developmen T: Concepts, Evidence, and Policy (January 1, 2012). World Bank Policy Research Working Paper No. 5938. Available at SSRN: https://ssrn.com/abstract=1982447

Varun Gauri (Contact Author)

World Bank ( email )

1818 H Street, N.W.
Washington, DC 20433
United States

HOME PAGE: http://econ.worldbank.org/staff/vgauri

World Bank - Development Research Group (DECRG)

1818 H. Street, N.W.
MSN3-311
Washington, DC 20433
United States

Siri Gloppen

University of Bergen - Department of Comparative Politics ( email )

Christiesgate 15
Bergen, N-5007
Norway

Chr. Michelsen Institute (CMI) ( email )

P.O.Box 6033 Bedriftssenteret
N-5892 Bergen, 5006
Norway

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