Removal of poverty calls for upgradation of individuals as well as community. Upward mobility of poor from lower and undesirable economic, social and political strata to a higher echelon would be attainable only through a process of development. This upgradation is to be viewed not as a favour or bounty given but as their valuable right.
A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim
It is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom.
The Constitution of India proclaims 'dignity of individual' as a core value in its Preamble. The aim of human rights is empowerment of people through human development.
The salient points to be noted are as follows:
1. Member States undertook to "promote social progress and better standards of life in larger freedom".
2. To non-discrimination
3. To participate in public affairs
4. To an adequate standard of living
5. Every one's entitlement to a social and international order.
State parties recognized that human rights are a subject of international, and not just domestic concern.
Poverty is the biggest violator of human rights. Its eradication is vital for development. Poverty is not to be addressed as a merely developmental project but tackled in a wide spectrum manner to achieve human dignity. The agenda must include provision of all such basic amenities like housing, safe drinking water, health care, proper nutrition, educational opportunities of basic capabilities rather than merely as low incomes. Poverty has to be eradicated through the process of human development.
The Right to Development (RTD) is a relatively new human rights concept. Its contents, nature and status are still under debate amongst academic scholars and thereby in a stage of evolution.
(a) The human person is at the centre of the development.
(b) The process of development should be respectful of all human rights.
(c) Development should promote social justice.
Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come. It has been defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainable development is a means to achieve the object and purpose of Environment (Protection) Act as well as protection of 'life' envisaged under article 21. N.D. Jayal v. Union of India, MANU/SC/0649/2003 : (2004) 9 SCC 362. Inter-generational equity means the present generation is answerable to the next generation by giving to the next generation a good environment. Thus, the doctrine of sustainable development also forms part of article 21 of the Constitution. Glanrock Estate (P) Ltd. v. State of Tamil Nadu, MANU/SC/0689/2010 : (2010) 10 SCC 96.
Proclaimed by the United Nations in 1986 in the Declaration on the Right to Development. It was adopted by the United Nations General Assembly resolution No. 41/128.
25th June, 1993
The Vienna Declaration and Programme of Required Action.
The Right to Development was reaffirmed as a universal and inalienable right and an integral part of fundamental human rights. The development facilitates the enjoyment of all human rights.
Human beings are at the centre of concerns for sustainable development. Environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from sustainable development.
The Rio Declaration consisted of 27 principles intended to guide future sustainable development around the world. Principle No. 5 deals with eradication of poverty. Its objective is to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.
Principle 3: Indicates that the right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
Some of the principles e.g. the one concerning 'global warming' or environmental degradation have been regarded as third generation rights by the law scholars.
Social development is central to the needs and aspirations of people throughout the world. We commit ourselves to ensure structural adjustment programme including social development goals. It pledged to make the conquest of poverty, the goal of full employment and the fostering of social integration overriding objectives of development.
1. Full sovereignty over natural resources.
2. Self determination.
3. Popular participation in development.
4. Equality of opportunity.
5. Creation of favourable conditions for the enjoyment of other civil, political, economic, social and cultural rights.
It is one of the universal and inalienable rights. The concept is based on RTD to be an integral part of fundamental human rights.
Alienation is to make a thing another man's. It imports an actual transfer of title.
1. Least developed countries should be supported by international community in their transition to democracy and economic development.
2. States should co-operate with each other in ensuring development and eliminating obstacles to development.
To meet equitably the developmental and environmental needs of present and future generations.
Notably in the biomedical and life sciences as well as in Information technology may have potentially adverse consequences for the integrity, dignity and human rights of individuals.
Illicit dumping of toxic and dangerous substances and waste.
1. Shows an accepted international agenda. Hence, any interpretation of contrary domestic legal regime may appear weak.
2. Pathway for future legal approach.
3. Appears as an emerging field for legal studies.
The debate on right to development has run into rough waters when the United States announced its decision on 25th March, 2011 at Geneva to disassociate itself from the consensus expressed by the UN Human Rights Council. USA complained that much of the council's work in the area of RTD does not address practical measures that assist countries in determining how best to develop resources in a way that promotes and protects the human rights of their citizens.
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