Human Rights and Development: a Comment on Challenges and Opportunities from a Legal Perspective*

摘要

Human rights and development continue to reflect a separate evolution. This article explores challenges which characterize the relationship between human rights and development from a legal perspective suggesting reasons why the tensions and disconnects endure. It makes an obvious, but nevertheless underappreciated point: human rights are the subject of binding international legal obligations and their relevance to development can be understood in light of this. The first part of this article addresses the challenges of integrating human rights in development and the divergences of discourse and policy frameworks. The consequences of these divergences are examined, including a lack of prominence for legal duties for human rights in development, the absence of a normative baseline against which to check development processes and outcomes, an overall lack of policy coherence and a potential undermining of human rights accountability. The article concludes by highlighting opportunities extant in the international human rights law framework. The legal challenges and opportunities are viewed as interconnected: obstacles confronted in integrating human rights in development may be to be rooted in a neglect of the normative and legal dimensions of human rights, which in turn point to opportunities for greater convergence and coherence around international legal frameworks.