Contemporary discussions about human rights and their role in international development are born out of a vast philosophical tradition which cuts across a number of disciplines such as law, anthropology, politics, sociology and theology. An understanding of how and why human rights approaches can be applied to international development requires an appreciation of these theoretical underpinnings. ‘Human rights’ can understood from a number of perspectives: as natural entitlements that are beyond dispute and accord with ‘natural’ or ‘moral’ law; as a deliberative concept arising out of societal agreement that attempts to establish mutual-co-existence; as a way of redressing injustices and changing the status quo through protest, and; as a concept that only exists discursively, i.e. at the level of analytical discussion.
Dembour, M.B., 2010, ‘What Are Human Rights? Four Schools of Thought’, Human Rights Quarterly, vol. 32, no. 1, pp. 1-20
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Donnelly, J., 2013, Universal human rights in theory and practice. Cornell University Press.
This, the third edition of a widely-cited book, aims to explicate and defend an account of human rights as universal rights. Donnelly takes an interdisciplinary approach, using insights from history, philosophy, law, and political science to build his case that, while human rights are historically specific and contingent, they are nonetheless universal. Chapters include an extended survey of multilateral human rights regimes, and another on bilateral foreign policy. Contemporary issues addressed include humanitarian intervention against genocide, and human rights, democracy and development.
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Rights, poverty and development
On what conceptual ground do human rights lie? How is the link between human rights and development assistance established and maintained? In particular, there have been attempts to place human rights at the centre of poverty reduction. This has been translated into support for the participation of the poor in their development (for instance in the formulation of Poverty Reduction Strategy Papers), as well as an articulation of poverty-related deprivations in terms of human rights violations. There are however different types of human rights, which have been seen as competing. A popular argument is that civil and political (CP) rights should be prioritised over economic, social and cultural (ESC) rights. This can cause problems, for it places the state at the centre of the human rights discourse, when in many instances it is not viable for human rights to be upheld by a state either due to their transnational nature or the capacity of state institutions. It also relegates basic socioeconomic needs that rights-holders may consider most pressing as being secondary considerations.
Hunt, P., Nowak, M. and Osmani, S., 2003, ‘Human Rights and Poverty Reduction: A Conceptual Framework’, Office of the High Commissioner for Human Rights, Geneva
What is a human rights approach to poverty reduction? This paper is part of the UN’s efforts to integrate human rights into its work. It argues that attention to human rights helps to ensure that the concerns of poor people are central to the formulation of Poverty Reduction Strategies (PRSs).
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Amartya Sen’s ground-breaking conceptual work on freedoms and capabilities sheds light on the moral and political reasoning behind rights. Both rights and entitlements to capabilities are understood as having a mutually-reinforcing relationship which enriches the lives and freedoms of people. However, the concept of universally-applicable human rights is problematic and has been met with criticism for imposing normative standards upon distinct cultures. While it is suggested that cultural differences erode the applicability of human rights, one counter argument suggests that human rights must be culturally legitimate by being adequately tailored to different contexts.
Sen, A., 2000, ‘Human Rights and Human Development’, Chapter One in the Human Development Report 2000, UNDP
Are the concepts of human rights and human development similar enough to be complementary? Are they diverse enough to enrich each other? Amartya Sen argues that human rights and development are indeed mutually compatible. He shows that the promotion of human development and the fulfilment of human rights share a common motivation: enriching the lives and freedoms of ordinary people. The combination of the two perspectives gives us something that neither can provide alone.
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Sen, A., 2005, ‘Human Rights and Capabilities’, Journal of Human Development, vol. 6, no. 2
Can human rights be understood as entitlements to capabilities? Should an overarching list of capabilities be compiled? How can we ascertain the content of human rights and capabilities when values diverge so much across borders and communities? This article discusses the relationship between human rights and capabilities and seeks to answer these questions. It argues that neither of these two concepts should be subsumed within the other.
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UNFPA, 2008, ‘Negotiating Culture; Building Support for Human Rights’, chapter 2 in The State of World Population 2008: Reaching Common Ground: Culture, Gender and Human Rights, United Nations Population Fund
How can support for human rights be enhanced within local cultures? This chapter suggests that human rights can become ingrained through ‘cultural legitimacy’. Culturally sensitive approaches cannot promise immediate and predictable results, but they can provide effective tools for understanding the relationships between human rights and cultures and tackling oppression. Changes fundamental to human development, which require full realisation of human rights, depend on serious and respectful engagement with cultures.
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The ‘right to development’ forms part of international United Nations policy documents adopted with a majority vote from member states. But it is contested. It is opposed by certain governments, and it does not form part of international law. It has generally received little attention in the policy and practice of governments and development agencies.
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