Repackaging human rights: on the justification and the function of the right to development

Journal of Global Ethics 11 (3):303-320 (2015)
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Abstract

This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – as it may be argued to be the case with the right enshrined in the Declaration on the Right to Development – does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophica..

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References found in this work

The law of peoples.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by John Rawls.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
Natural law and natural rights.John Finnis - 1979 - New York: Oxford University Press.
Natural Law and Natural Rights.John Finnis - 1979 - New York: Oxford University Press UK.
The Law of Peoples.John Rawls - 2001 - Philosophical Quarterly 51 (203):246-253.

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