The Declaration on the Right to Development (DRTD), adopted by the United Nations General Assembly on 4 December 1986 (Resolution 41/128), is a foundational document that recognizes development as an inalienable human right. It asserts that every individual and all peoples have the right to participate in, contribute to, and enjoy economic, social, cultural, and political development, with the aim of the constant improvement of well-being for all.
Key Features of the DRTD
-
People-Centered Development: The Declaration places people at the center of development, emphasizing their active, free, and meaningful participation.
-
Non-Discrimination and Equality: It mandates that the benefits of development must be fairly distributed and that development should occur without discrimination of any kind.
-
Sovereignty and Self-Determination: The DRTD recognizes the right of peoples to self-determination and full sovereignty over their natural wealth and resources.
-
Integration of Rights: The DRTD insists on the indivisibility and interdependence of all human rights-civil, political, economic, social, and cultural.
-
International Cooperation: States are obligated to cooperate with each other to eliminate obstacles to development and foster a just international economic order.
Impact on Global Understanding and Implementation of Human Rights
The DRTD has had a significant influence on how human rights are understood and implemented globally:
-
Holistic Approach: It reframed development as a multidimensional process, not limited to economic growth but including social justice, equality, and participation.
-
Human Rights-Based Development: The DRTD established that development and human rights are mutually reinforcing, guiding international agendas such as the Sustainable Development Goals (SDGs).
-
International Norms: The Declaration has influenced international treaties, regional charters (like the African Charter on Human and Peoples’ Rights), and global conferences, including the Vienna Declaration and Programme of Action (1993), which reaffirmed the right to development as universal and inalienable.
-
Obligations for States and International Community: It clarified that both states and the international community are responsible for creating enabling environments for development and for ensuring fair access to resources and opportunities.
Impact on Indian Law
-
Alignment with Constitutional Values: The DRTD’s principles resonate with India’s Constitution, particularly the Fundamental Rights and Directive Principles of State Policy, which emphasize equality, social justice, and the welfare of all citizens.
-
Judicial Recognition: Indian courts have referenced the right to development when interpreting the right to life and other constitutional guarantees, reinforcing the state’s duty to promote holistic well-being.
-
Policy Frameworks: India’s development policies, such as those ensuring the right to education, food, and work, reflect the DRTD’s focus on inclusive, participatory, and equitable development.
Practical Application in India
India demonstrates the practical application of the DRTD through various legal and policy measures:
-
Inclusive Legislation: Laws like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Right to Education Act, and National Food Security Act operationalize the right to development by ensuring access to basic needs and opportunities for all.
-
Decentralized Governance: The Panchayati Raj system empowers local communities, ensuring active participation in development decisions, which is a core principle of the DRTD.
-
Targeted Welfare Schemes: Programs focused on marginalized groups (such as Scheduled Castes, Scheduled Tribes, and women) seek to address historical inequalities and promote fair distribution of development benefits.
-
International Advocacy: India uses the DRTD as a basis for advocating global equity, fair trade, technology transfer, and reform of international economic institutions, reflecting its commitment to both national and international dimensions of the right to development.
Study Guide
Quick Memory
Aid: “DRTD = PERSON + PARTICIPATION + PROCESS”
PART 1: BASICS (Learn First)
What is DRTD? (One-Line
Definition)
The right to development is an inalienable human right by which
every person and all peoples are entitled to participate in, contribute to, and
enjoy economic, social, cultural, and political development.
When & Where?
•
Adopted: 4 December 1986 (UN General Assembly Resolution 41/128)
•
Legal Status: Soft Law (Non-binding Declaration, but highly influential)
•
Voting: 146 States FOR | 1 Against (USA) | 8 Abstained
PART 2: THE 10
KEY PROVISIONS (Master These)
Article 1: The Core Right
“The right to
development is an inalienable human right…” - Key
Terms to Remember: - Inalienable = Cannot be taken away - Individual
RIGHT = Every person - Collective RIGHT = All peoples - 4-D
Development = Economic, Social, Cultural, Political - All human rights
can be fully realized = Indivisibility principle
Article 2: The
Center Point - Human Being
•
The human being is the central
subject of development
•
State duty to formulate
development policies
•
Aim = Constant improvement of
well-being for ALL
Article 3: State
Responsibility
“States
have PRIMARY responsibility for creating national and international conditions
favourable to realization of the right to development”
Three
Levels of Responsibility: 1. Global partnerships
(States acting collectively) 2. National policies (States acting individually)
3. International effects (Policies affecting others)
Article 4:
International Cooperation
“States
have the duty to take steps…to formulate international development policies” - This echoes UN Charter Article 56 - Emphasizes BOTH individual
& collective state action
Article 5: Historical
Violations
Identifies
root causes of development denial: - Apartheid, racism, colonialism - Foreign
domination, aggression - Denial of self-determination - Territorial threats
Article 6:
Integration of All Rights
The
MOST IMPORTANT article for exams - Emphasizes
INDIVISIBILITY of rights - Civil & Political Rights = EQUAL to Economic,
Social & Cultural Rights - No discrimination based on race, sex, language,
religion - All rights are INTERDEPENDENT
Article 7: Peace & Security
•
International peace needed for
development rights
•
General disarmament required
•
Security ensures enjoyment of
development
Article 8:
National Implementation Framework
The PRACTICAL article - Lists concrete actions: - Equality of opportunity for ALL - Access to: Education, Health,
Food, Housing, Employment - Fair distribution of income - Women’s active role
in development - Economic & social reforms - Eradication of social
injustice - Popular participation essential
Article 9:
Indivisibility & Interdependence
•
All aspects of DRTD are
interconnected
•
View each element in context of
the WHOLE
•
No isolated interpretation
allowed
Article 10: Implementation
•
States must adopt policy,
legislative & other measures
•
Ensure full exercise &
progressive enhancement
•
Create conditions conducive to
human fulfilment
PART 3: CORE
PRINCIPLES (Memorize These 6)
|
Principle |
What It Means |
Example |
|
PEOPLE-CENTERED |
Individuals at heart of development |
Focus on person, not GDP alone |
|
PARTICIPATION |
Active, free, meaningful involvement |
Community in planning, decision-making |
|
EQUITY & JUSTICE |
Fair distribution, equal opportunity |
Inclusive policies, affirmative action |
|
SELF-DETERMINATION |
Sovereignty over resources & destiny |
Nations decide own development path |
|
INDIVISIBILITY |
All rights together, not separately |
Rights are interconnected |
|
INTERNATIONAL COOPERATION |
Global responsibility & solidarity |
Fair trade, debt relief, technology transfer |
PART 4: SUBJECTS &
DUTY-HOLDERS
Who Has the Right? (SUBJECTS)
1.
Individual persons (everyone)
2.
Peoples collectively (nations, communities)
3.
Marginalized groups (emphasized protection)
Who is Responsible?
(DUTY-HOLDERS)
1.
Primary: National States
2.
Secondary: International Community
3.
Tertiary: International Institutions
PART 5: GLOBAL
IMPACT (For Answer Writing)
How DRTD Changed
World Understanding
Before
DRTD: Development = Economic growth (GDP)
After
DRTD: Development = Holistic human rights
realization
Current Status (2020 Onwards)
•
UN Working Group drafted Convention on Right to Development (2020)
•
Aims to convert DRTD from SOFT
LAW → HARD LAW (treaty)
•
If adopted = first globally
binding development treaty
PART 6: IMPACT
ON INDIAN LAW (Critical for Your Exam)
How DRTD Relates
to Indian Constitution
Constitutional Alignment
|
Indian
Constitutional Provision |
Connection to
DRTD |
|
Preamble: Equality, Justice, Dignity |
Embodies DRTD
principles |
|
Part III
(Fundamental Rights) |
Operationalize
right to development |
|
Part IV
(Directive Principles) |
Framework for
implementing DRTD |
|
Article 14 (Equality before law) |
Non-discrimination
principle |
|
Article 16 (Equal opportunity) |
Fair access
principle |
|
Article 21 (Right to life) |
Encompasses
development dimension |
|
Article
21-A (Right to education) |
Specific
development right |
|
Article
45-51 (DPSPs) |
Welfare &
development focus |
Key Judicial
Recognition in India
Supreme Court
Judgments Referencing Development Right
1. Ambedkar v.
Constitution Framer’s Vision - “Rights, Justice,
Development & Governance = 4 pillars of Indian Constitution”
2. Madhu Kishwar
v. State of Bihar (1996) - Right to development
used to challenge tribal women’s exclusion from inheritance - Court held:
Development = dynamic role for ALL
3. Right to Life
Expansion (Article 21) - Courts interpreted to
include: education, health, food, livelihood - All flow from DRTD concepts
4. Vishakha v.
State of Rajasthan (1997) - International
instruments (like DRTD) can be read into fundamental rights - Fills gaps in
constitutional protection
PART 7:
PRACTICAL INDIAN LAWS IMPLEMENTING DRTD
The “Big Four” Laws
1.
MGNREGA (2005)
What: Mahatma Gandhi National Rural
Employment Guarantee Act DRTD Connection: Employment right,
participation, rural development Key Feature: Guarantees 100 days/year
paid work for rural poor Relevance: Article 8 implementation (employment
right)
2. Right to Education Act (2009)
What: Free & compulsory education
for ages 6-14 DRTD Connection: Education as fundamental development
right Key Features: - Mandatory minimum standards - 25% seats in private
schools for poor children - Article 21-A Constitutional backing Relevance:
Article 8 implementation (education right)
3. National Food Security Act (2013)
What: Ensures food security for 67%
population DRTD Connection: Food as basic development right Key
Feature: Subsidized food grains to poor families Relevance: Article
8 implementation (food right)
4. Panchayati Raj System
What: Decentralized local governance DRTD
Connection: People’s participation in development decisions Key Feature:
73rd & 74th Constitutional Amendments empower local bodies Relevance:
Article 8 & 9 implementation (participation, equity)
Other Relevant Schemes/Laws
•
AADHAAR: Inclusive identification for development benefits
•
Targeted Public Distribution
System (TPDS): Fair distribution
•
Beti Bachao Beti Padhao: Women in development
•
Scheduled Caste/Tribe
Welfare Acts: Historical injustice redressal
PART 8: INDIA’S
INTERNATIONAL ADVOCACY
India’s Stand on DRTD
1.
Strong supporter of right to development
2.
Advocate for Global South - argues for equitable order
3.
Uses DRTD as basis for:
–
Technology transfer demands
–
Fair trade arguments
–
Climate justice position
–
Debt relief advocacy
India’s Position
on Draft Convention (2020)
•
Supports converting DRTD into
binding treaty
•
Part of negotiation process
•
Advocates for developing
country interests
PART 9:
CHALLENGES & CRITICISMS (Smart Exam Answer)
Why DRTD Is Contested
|
Challenge |
Why It Matters |
Example |
|
Not legally
binding |
Can’t sue for
violations directly |
No enforcement
mechanism |
|
Vague
terminology |
“Development”
means different things |
Different
interpretations |
|
Expensive to
implement |
Requires
substantial resources |
Poor nations
struggle |
|
Western
countries oppose |
US, Europe view
it as state responsibility |
Voting resistance |
|
Enforcement
unclear |
No international
court for RTD alone |
Compliance
uncertain |
India-Specific Challenges
•
Directive Principles are
non-justiciable (directory nature)
•
Citizens cannot sue state
directly under DPSPs
•
Implementation varies by state
•
Resource constraints in
implementation
• Coordination between agencies difficult
PART 12: ONE-PAGE QUICK REFERENCE
DRTD Summary
•
What: Inalienable human right to participate in & benefit from
comprehensive development
•
When: 1986 (4 Dec)
•
Status: Soft law, highly influential
•
Scope: Individual + Collective, All rights integrated
•
Principles: People-centered, Participation, Equity, Self-determination,
Indivisibility, Cooperation
•
Duty-Holders: States (primary), International Community (secondary)
Global Impact
• Transformed development from economic growth to holistic human rights
•
Model for regional charters
•
Now a draft convention (2020)
seeking hard law status
India Application
•
Constitution embodies DRTD
principles
•
Supreme Court actively
interpreting development dimension
•
Implemented through: MGNREGA,
RTE, NFSA, Panchayati Raj
•
Challenges: Directory nature of
DPSPs, enforcement, resources
•
India advocates for global
equity using DRTD framework
Key Case Law (India)
•
Madhu Kishwar v. Bihar
(development right for all)
•
Vishakha v. Rajasthan
(international instruments in fundamental rights)
• AADHAAR case (development & inclusion)
Remember: DRTD = Development as Human Right through People’s Participation in Process of Justice.
No comments:
Post a Comment