A new Convention on the human right to development: Putting the cart before the horse?

Abstract

In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.