Human Rights Based Approaches to Development Concepts, Evidence, and Policy
This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treat...
| Main Authors: | , |
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| Language: | English |
| Published: |
2012
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| Subjects: | |
| Online Access: | http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20120109120516 http://hdl.handle.net/10986/3223 |
| Summary: | This paper assesses the benefits, risks,
and limitations of human rights based approaches to
development, which can be catalogued on the basis of the
institutional mechanisms they rely on: global compliance
based on international and regional treaties; the policies
and programming of donors and executive agencies; rights
talk; and legal mobilization. The paper briefly reviews the
politics of the first three kinds of human rights based
approaches before examining constitutionally based legal
mobilization for social and economic rights in greater
detail. Litigation for social and economic rights is
increasing in frequency and scope in several countries, and
exhibits appealing attributes, such as inclusiveness and
deliberative quality. Still, there are potential problems
with this form of human rights based mobilization, including
middle class capture, the potential counter-majoritarianism
of courts, and difficulties in compliance. The conclusion
summarizes what is known, and what remains to be studied,
regarding human rights based approaches to development. |
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