The Right to Development – Between Politics and Law

The right to development, articulated in the Vienna Declaration, is an important step in the development of the International Bill of Human Rights. It refers to the "third generation" of rights, the so-called solidarity rights. The right to development is part of the progressive world view, according to which society develops upwards. Such development leads to the elevation of the material and spiritual status of the individual.

The right to development is proclaimed as an inherent human right. At this stage, however, it is a political ambition rather than a legal right that can be protected. At best, it is a combination of a legal principle and an individual right. For this reason, the right to development can be characterized as an incomplete, imperfect right in terms of its guarantee and protection.

The right to development is a complex right that is linked to a number of other rights, such as socio-economic rights. It is necessary for States and international organizations alike to make efforts to ensure the conditions that enable its realization. This depends on the role of the state in the redistributive processes and on its own economic capacity, the establishment and maintenance of public education, health and other systems. The right to development implies a relatively equal distribution of wealth and the creation of an environment in which the individual's capacities can be expressed.

The right to development is both an individual right and a right that can be addressed to any nation. It provides every person with dignity without existential deprivation and opportunities to realize his or her potential. This calls for the establishment of quantifiable standards for its resourcing at both national and international levels.

The right to development, like other rights, implies the preservation/restoration of peace, as well as the pursuit of a policy of rational consumption and sustainable development that includes the conservation and regeneration of natural resources.

Excerpt from Yanaki Stoilov's Speech at the "Forum on Global Human Rights Governance".

(Yanaki Stoilov is professor in Theory and History of State and Law, Sofia University Saint Kliment Ohridski)