The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

Authors

DOI:

https://doi.org/10.17159/1727-3781/2024/v27i0a17921

Keywords:

Africa, business and human rights, right to development, rights, science

Abstract

The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from international human rights treaties. Advocating "people-centered development" places individuals at the forefront, empowering them as principal beneficiaries of development efforts. According to Article 2 of the DRTD, both state and non-state actors are responsible for formulating inclusive national development policies to continually enhance the well-being of the entire populace. This involves ensuring active, accessible, and meaningful participation in development processes and fair distribution of the resulting benefits. South Africa's duty to realise the right to development comes under scrutiny in this context. Despite its obligations under international instruments like the African Charter, challenges persist in effectively implementing developmental advancements. This includes fields critical for sustainable progress, such as renewable energy, biotechnology and information technology. Furthermore, the COVID-19 pandemic has exacerbated existing obstacles, straining resources and threatening to reverse recent developmental gains. Budget constraints, particularly in the research and development sectors, hinder progress towards meeting development objectives. Therefore, while the DRTD and other international instruments emphasise the importance of the right to development, critical debates regarding its scope and implementation persist. Addressing these issues requires a nuanced understanding of development dynamics, balancing global aspirations with practical considerations. It necessitates collaborative efforts to refine and operationalise the right to development, ensuring equitable progress and sustainable development for all.

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Author Biography

  • Siyabulela Christopher Fobosi, University of Fort Hare

    PhD (UJ); MA; BAHons; BA (RU); CertDA (UCT). Senior Researcher: UNESCO “Oliver Tambo” Chair of Human Rights, Faculty of Law, University of Fort Hare, South Africa

References

Bibliography

Literature

Agyemang C "Realising the Right to Development in Ghana through its Parliament" 2022 Pretoria Student Law Review 90-111

Alston P "Ships Passing in the Night: The Current State of the Human Rights and Development Debate Seen through the Lens of the Millennium Development Goals" 2005 Harv Hum Rts J 1-28

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Heyns C and Stefiszyn K Human Rights, Peace, and Justice in Africa: A Reader (Pretoria University Law Press Pretoria 2006)

Sen A Development as Freedom (Oxford University Press Oxford 2001)

Sengupta A (ed) The Right to Development in International Law: The Case of Pakistan (Ashgate Farnham 2002)

Sepúlveda M and Nyst C "The Human Rights Approach to Development: Between the Ambition of the Millennium Declaration and the Reality of the Millennium Development Goals" 2013 Hum Rts Q 313-348

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International instruments

African Charter on Human and Peoples' Rights (1981)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Convention on the Rights of Persons with Disabilities (2006)

Convention on the Rights of the Child (1989)

International Covenant on Civil and Political Rights (1966)

International Covenant on Economic, Social and Cultural Rights (1966)

UN Declaration on the Establishment of a New International Economic Order (1974)

UN Declaration on the Right to Development (1986)

Universal Declaration of Human Rights (1948)

Internet sources

Kirchmeier F 2006 The Right to Development – Where Do We Stand? State of the Debate on the Right to Development https://library.fes.de/pdf-files/iez/global/50288.pdf accessed 29 May 2024

Published

20-09-2024

Issue

Section

Special Edition: Law, Resilience and Social Justice (SLTSA)

How to Cite

Fobosi, S. C. (2024). The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development. Potchefstroom Electronic Law Journal, 27, (Published on 20 September 2024) pp 1-20. https://doi.org/10.17159/1727-3781/2024/v27i0a17921

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