Topic 2

Theme 2: Doctrinal debates on human rights and the right to development 

16-22 June, 2014

Learning objective(s):

Understand the contents of the Right to Development, its salient features, merits and demerits; compare the right to development with other approaches to development including human development, human rights based approach to development and sustainable development.

Required Readings:

1. Sengupta, Arjun (2002), On the Theory and Practice of the Right to Development, Human Rights Quarterly 24 (2002) 837-889
2. The Endorois Case: Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council vs. Kenya, African Commission on Human and Peoples’ Rights, Communication 276/2003,27^th Activity Report 2009. (You may focus on paras 1 and 2, and paras 269 onwards only)
3. Right to Development Criteria and Operational Sub-Criteria, Report of the high-level task force on the implementation of the right to development on its sixth session, 8 March 2010

Optional Readings:

1. Anne Orford, “Globalization and the Right to Development” in: Philip Alston (ed.), People's Rights (Oxford University Press, 2001), pp. 127-145.
2. Arjun Sengupta, Study on the current state of implementation of the Right to Development (ECOSOC, 1999).
3. Arjun Sengupta, Third Report of the Independent Expert on the Right to Development (ECOSOC, 2001). (Note: Clarifications to UN member states on the value added by the Right to Development.)
4. Human Rights and Human Development, Human Development Report 2000 (UNDP, 2000), pp. 19-28.
5. Report of the Independent Expert on the Right to Development (ECOSOC, 2000). Paragraphs 15 to 25 only (Note: Introduction of comparison between the Right to Development and the concept of Human Development.)
6. Video highlights (Part One) of the commemoration of the 25th anniversary of the adoption of the United Nations Declaration on the Right to Development organized by Friedrich-Ebert-Stiftung and the Office of the UN High Commissioner for Human Rights (OHCHR), 24-25 February 2011, available at http://www.youtube.com/watch?v=Hs0C1sJgW7U&feature=related
7. Video highlights (Part Two) of the commemoration of the 25th anniversary of the adoption of the United Nations Declaration on the Right to Development organized by Friedrich-Ebert-Stiftung and the Office of the UN High Commissioner for Human Rights (OHCHR), 24-25 February 2011, available at http://www.youtube.com/watch?v=uXOVutuB-Us&feature=related
8. Stephen Marks, “The Human Right to Development: Between Rhetoric and Reality”, Harvard Human Rights Journal Vol. 17 (Spring 2004), pp. 139-168. 
9. Shadrack Gutto, The Legal Nature of the Right to Development and Enhancement of its Binding Nature (ECOSOC, 2004).

Presentation: