A new Convention on the human right to development: Putting the cart before the horse?
| Author | Nico Schrijver |
| DOI | 10.1177/0924051920924547 |
| Published date | 01 June 2020 |
| Date | 01 June 2020 |
| Subject Matter | Column |
Column
A new Convention on the
human right to development:
Putting the cart before
the horse?
Nico Schrijver
Leiden University, the Netherlands
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 inter-
dependence 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.
Keywords
Human rights, development, structural approach, United Nations, indivisibility, universality,
developing countries
1. INTRODUCTION
During the late 1970s, a trend emer ged in international human rights discourse advocating a
‘structural approach’ to human rights. This approach was based on the view that although indi-
vidual human rights violations are certainly important and must be addressed, we should look also
Corresponding author:
Nico Schrijver, Leiden University, Leiden Law School, Steenschuur 25, 2311 ES Leiden, the Netherlands.
E-mail: n.j.schrijver@law.leidenuniv.nl
Netherlands Quarterly of Human Rights
2020, Vol. 38(2) 84–93
ªThe Author(s) 2020
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DOI: 10.1177/0924051920924547
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