Arjun Sengupta
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199239115
- eISBN:
- 9780191716935
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239115.003.0007
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter spells out the characteristics of the Right to Development, adopted by the 1986 UN Declaration as an international human right. It builds on the six questions identified by Sen as ...
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This chapter spells out the characteristics of the Right to Development, adopted by the 1986 UN Declaration as an international human right. It builds on the six questions identified by Sen as essential for understanding any theory of human rights, regarding importance and universality of human rights, corresponding duties and obligations, methods of protecting and promoting human rights, including justiciability and the place of economic, social, and cultural rights within human rights. The chapter demonstrates that recognizing RTD as a composite of different rights — which improves if any of these rights improve while no right deteriorates — facilitates its implementation by identifying the obligations corresponding to the component rights and their coordination as a development policy. It further argues that such a development policy can be seen as Sen's notion of meta-right, with the identification of duty-bearers with specific obligations. This would facilitate the operationalization of RTD according to human rights standards and allow corresponding obligations including those of the international community to be clearly delineated.Less
This chapter spells out the characteristics of the Right to Development, adopted by the 1986 UN Declaration as an international human right. It builds on the six questions identified by Sen as essential for understanding any theory of human rights, regarding importance and universality of human rights, corresponding duties and obligations, methods of protecting and promoting human rights, including justiciability and the place of economic, social, and cultural rights within human rights. The chapter demonstrates that recognizing RTD as a composite of different rights — which improves if any of these rights improve while no right deteriorates — facilitates its implementation by identifying the obligations corresponding to the component rights and their coordination as a development policy. It further argues that such a development policy can be seen as Sen's notion of meta-right, with the identification of duty-bearers with specific obligations. This would facilitate the operationalization of RTD according to human rights standards and allow corresponding obligations including those of the international community to be clearly delineated.
Jesse Wall
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198727989
- eISBN:
- 9780191794285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727989.003.0001
- Subject:
- Law, Philosophy of Law, Human Rights and Immigration
The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily ...
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The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily material, is then explained, and its three inquiries introduced. The first inquiry concerns the distinction between ownership as a functional relationship between a person and thing, and the legal relationships between a rights-holder and duty-bearer that are constructed to protect ownership relationships, the second inquiry concerns an ambiguity in the body, and the third inquiry concerns a distinction between different sets, or spheres, of value. It then explains how individual chapters will address these questions, before setting out the parameters of the inquiry.Less
The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily material, is then explained, and its three inquiries introduced. The first inquiry concerns the distinction between ownership as a functional relationship between a person and thing, and the legal relationships between a rights-holder and duty-bearer that are constructed to protect ownership relationships, the second inquiry concerns an ambiguity in the body, and the third inquiry concerns a distinction between different sets, or spheres, of value. It then explains how individual chapters will address these questions, before setting out the parameters of the inquiry.
