Droit au developpement et neo-liberalisme
Publié le 27/11/2014
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Introduction
The General Assembly of United Nations in its 161 (XII) resolution of November 26 1957 states: “A
balanced and integrated economic and social development would help to promote and maintain peace and
security, the social progress and raise the standard of living as well as the recognition and the respect for
the human rights and fundamental freedoms” 1
.
This declaration lays down so an inherent correlation
between the enjoyment of human rights and economic development and make the right to development an
entire human right and so a legal right.
As a result of these efforts, the United Nations took a concrete measure by creating a working group to
consider the scope and content of the right to development, as well as the most effective way to ensure the
realization in all countries of economic, social and cultural rights in various international instruments.
The purpose of those lines is to discuss briefly the mechanism that convert the right to development to a
legal right and at the same time comment how the neo-liberalism impacts the same and discuss concrete
instances of the issues that neo-liberalism may present in the effective implementation of the right to
development, drawing from our field experiences.
To do so we will consider the scope and the implication
of the rights to development for the human rights and also the obstacle that the neo-liberalism may
present in the effective implementation of that right.
A- The scope of the right to development
the right to development refers to both the continuation of a movement which has grown since World War
II in the field of human rights, and the ambition of the international community to set higher and higher
international law standards to allow humanity to achieve a maximum of freedom, dignity and wellbeing
with the firm desire to refresh the concepts of development and rights of the person and to highlight their
interdependence.
This right to development, under the auspices of the United Nations, is established by
the international community through various resolutions that eventually, in the long run, do admit a new
norm of international law enshrined in law to the development.
So many international documents have been dedicated to the right of development.
Yet the United
Nations Charter referred to emphasizing the stability conditions and well-being necessary for the raising
of the standard of living and full employment and the conditions for progress and development in the
economic and social order.
Other international instruments are also referred to it.
This is the case of the
famous Universal Declaration of the human rights that mentioned in article 22 the premises of the right to
development which realization should go through the effort of national and international cooperation,
taking into account the structure and resources of each country.
The International Covenants on Civil and
political rights, and economic, social and cultural rights implicitly acknowledges the rights development.
11 Integrated and balanced social and economic progress, Res.
GA 1161 (XII), Doc.
Off.
UN GA, 12 sup.
No 18, Doc
UN A/3805 (1957) 17.
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