Repackaging human rights: on the justification and the function of the right to development

This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided...

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Bibliographic Details
Main Author: Kuosmanen, Jaakko (Author)
Format: Electronic Article
Language:English
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Published: Routledge, Taylor & Francis Group [2015]
In: Journal of global ethics
Year: 2015, Volume: 11, Issue: 3, Pages: 303-320
Further subjects:B Function
B Human Rights
B Legal
B Right to development
B Justification
Online Access: Volltext (Resolving-System)
Description
Summary:This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights - as it may be argued to be the case with the right enshrined in the Declaration on the Right to Development - does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophical justification. In answering the second question, the paper suggests that a (moral or legal) right to development that repackages other human rights into a new form can potentially serve at least four practical functions: specifying function, advocacy function, empowerment function, and deliberative function.
ISSN:1744-9634
Contains:Enthalten in: Journal of global ethics
Persistent identifiers:DOI: 10.1080/17449626.2015.1099050