Policy‐makers and practitioners in this area would be wrong to neglect human rights, because of the
important contribution they can make : participation improves the information on the basis of which
policies are designed and implemented, and it ensures adequate feedback and therefore accelerates
learning ; accountability provides access to claims mechanisms for those that are unjustifiably
excluded from certain programs, thus reducing the potential leakage of funds or mistargeting ;
empowerment, putting people in the driver's seat, ensures that the solutions that are designed will
respond to the real problems that the poor face, and will be based on the local knowledge that they
can mobilize about how to address such problems (see also Darrow and Tomas 2005; and Dorsey et
al. 2010). Many of these advantages of a rights‐based approach to development are also captured by
Arjun Sengupta in his contribution to this volume (Chapter 21: 873): "The human rights approach
helps to establish accountability, and where possible culpability for the failures or mistakes in
implementing the policies by establishing the duties and obligations of the different parties,
especially of the state and of the international community. Even if they are 'imperfect obligations'
the rights‐duty correspondence for each of the rights has to be established. The remedial or
corrective actions have to be enforceable, some of them through legislation, where possible, others
through appropriate monitoring mechanisms. The search for accountability leading up to culpability
is a genuine value addition of the human rights approach to the fulfillment of human development".
It should nevertheless not come as a surprise that, despite these advantages of a human rights‐based
approach to development, the dialogue has been difficult between the human rights and
development communities ‐‐ the former predominantly populated by lawyers and community
activists, the latter by development economists and practitioners within aid agencies ‐‐. In Chapter
24, Mac Darrow, who has been following this debate since a number of years from within the Office
of the High Commissioner for Human Rights, seeks to explain the roots of the mistrust between the
two communities, and why, as Alston has written, the human rights and the development agendas
have been like "ships passing through the night": both moving according to their own itinerary and at
their own speed, without a real attempt to coordinate with one another, and at a permanent risk of
colliding (Alston 2005). At the end of his exhaustive review of the debate on the role of human rights
in the fulfiment of the Millennium Development Goals, Darrow concludes this: "The main barriers to
realising the MDGs are deficits in political will, rather than resources. The human rights framework
can help to close the accountability gap and strengthen incentives for action, mobilising individuals
and communities to demand the MDGs as a matter of right, rather than charitable dispensation"
(Chapter 24: 123).
As this volume goes to press, the World Leaders are finalizing discussions on a new set of goals to
succeed the eight Millennium Development Goals, that were developed by the United Nations
Secretariat following the Millennium Declaration adopted by the Heads of State and Governments in
September 2000. It is to be hoped that, in defining this new set of commitments, greater attention
will be paid to the issue of accountability, both at domestic level and at international level, and to the
questions of inequality and the situation of the poorest, based on the realization that economic
growth combined with growing inequalities within countries has limited poverty‐reducing impacts. In
this interdependent world more than in any other time in past history, the full realization of
economic and social rights is a shared responsibility.
37
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
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