Human rights and development

Human rights and development aims converge in many instances and are beneficial only to the government and not the people although there can be conflict between their different approaches. Today, a human rights-based approach is viewed by many as essential to achieving development goals. Historically, the "minority clauses" guaranteeing civil and political rights and religious and cultural toleration to minorities were significant acts emerging from the peace process of World War I relating to a peoples rights to self-determination. Overseen by the League of Nations Council the process allowed petitions from individuals and was monitored under the jurisdiction of the Permanent Court of International Justice. The 'clauses' are an important early signpost in both the human rights and development histories.

The initial impetus of the current human rights legal regime and movement was in reaction to the Nazi atrocities of World War II. Human Rights are importantly referred to in the United Nations Charter in both the Preamble and under Article 1 though only sparingly. The preamble of the UN Charter reaffirms "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women". Article 2(4) however prohibits the use of force and has ever since be used to block humanitarian actions though Chapter VII provides for Security Council enforcement measures.

The Charter established the Economic and Social council which set up the UN Human Rights Commission now the United Nations Human Rights Council. Chapter VI of the Charter entitled International Economic and Social Cooperation provides Article 55 (c) the "universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion". Article 56 requires States to take joint and separate actions in cooperation with the UN to achieve their mutual aims. Human rights are inherent in the progress of economic social and cultural goals and therefore to Human Development as such.

The Universal Declaration of Human Rights 1948 is not binding law and reflects an unwillingness of Allied powers to codify an International Bill of Rights where fears that colonial interests would be negatively affected were still influential. Human rights are viewed as universal, indivisible, interdependent and interrelated. René Cassin one of the architects of the declaration conceived the rights as divided into 4 pillars supporting the roof a temple, "dignity, liberty, equality, and brotherhood". Articles 1 & 2 comprising the first pillar relates to human 'dignity' shared by all individuals regardless of religion, creed, ethnicity, religion, or sex. Articles 100-19 the second pillar invokes first-generation rights civil 'liberties' fought for during the Enlightenment. Articles 20-26 the third pillar are second-generation rights, relating to political, social and economic equity, championed during the Industrial Revolution. Articles 27-28 the fourth pillar are third-generation rights associated with community and national solidarity advocated from the late 19th. These pillars support the roof of the temple Articles 29-30 representing the conditions in society under which the rights of individuals can be realized

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