The Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in June
2011 is now seen as the most authoritative statement of the human rights duties or responsibilities
of States and corporations adopted at UN level. These Guiding Principles go beyond the plethora of
voluntary initiatives, often sector‐specific, that existed hitherto. They have been widely endorsed, by
business organizations and in intergovermental settings ‐‐ including, notably, by the Organization for
Economic Cooperation and Development (OECD) when it revised its Guidelines on Multinational
Enterprises in 2011 ‐‐. They have also been invoked, albeit at times grudingly, by civil society. And
they are now subject to a follow‐up mechanism within the United Nations system, through the
Working Group on business and human rights and an annual forum to be held on this issue.
Though these are major breakthroughs, it remains difficult to make general statements about the
human rights impacts of the growth of foreign direct investment through transnational corporations
(see however, for an attempt at a synthesis, De Schutter et al. 2012b). Part of the difficulty is that
such assessments can be made at two distinct levels, one concerned with the macro‐economic
dimensions and another with the level of each individual investment project (De Schutter 2005). In
Chapter 20, Matthias Sant'Ana explores the methodological issues raised in the attempts to provide
such assessments. He considers which quantitative approaches have sought to link the arrival of FDI
to the human rights record of the receiving country, and how project‐level approaches have been
conducted to measure the human rights impacts on the communities affected by one particular
investment project. He identifies the methodological difficulties associated with both. Clearly, we
need more empirical studies such as those mapped by Sant'Ana, in order to improve existing human
rights impact assessments methodologies and ensure that the new consensus on the responsibility of
corporations to respect human rights translates into reality.
V. Economic, Social and Cultural Rights and Development
The final set of chapters collected here discuss the role of human rights in development. Chapters 21
and 22 address the question whether there exists a duty for rich countries to support the
development of poor countries, based either on the "right to development" proclaimed by the
United Nations General Assembly in 1986 or on the reference to "international assistance and
cooperation" that appears in the International Covenant on Economic, Social and Cultural Rights and
in later human rights instruments. Chapters 23 and 24 examine the role of human rights in
development cooperation and in the realization of the development objectives set by the
international community.
1. The duty to assist developing countries
The idea of a right to development was first expressed by Kéba M'Baye in his 1972 inaugural lesson
to the International Institute for Human Rights (M'Baye 1972). On 21 February 1977, the Commission
on Human Rights adopted Resolution 4 (XXXIII) requesting that a study be prepared on "the
international dimensions of the right to development as a human right in relation with other human
rights based on international cooperation, including the right to peace, taking into account the
requirements of the New International Economic Order and fundamental human needs". The study,
authored by Philip Alston, was presented to the Commission on Human Rights in 1979. It
emphasized both that measures adopted at domestic level and measures at international level
should be mutually supportive and should go hand in hand, and that the realization of the right to
development should be based on participation at all levels (Report of the Secretary‐General 1979). In
1986, after five years of discussions within a Working Group established by the Commission on
Human Rights, the UN General Assembly adopted the Declaration on the Right to Development,
defining it as "an inalienable human right by virtue of which every human person and all peoples are
entitled to participate in, contribute to, and enjoy economic, social, cultural and political
development, in which all human rights and fundamental freedoms can be fully realized" (United
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
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