On the Properties of the Right to Development - Group A - Humanrights

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On the Properties of the Right to Development
December 02,2016   By:chinahumanrights.org
On the Properties of the Right to Development
 
QI Yanping 
 
China 
 
The twentieth century was a century in which mankind suffered an unprecedented scourge of wars, which brought untold sorrows. Such immense suffering was the catalyst for era in which a comprehensive ideology in human rights was stimulated, yielding tremendous progress in the human rights system. From civil and political rights to economic, social and cultural rights, to the right to development, human rights have gradually become mainstream in such fields as international politics and international relations, domestic politics and constitution-based governance, and international political struggles, ideological opposition and philosophical disputes centering on human rights have become increasingly intensified. Paradoxically, disputes on the right to development in the field of international politics has led to two irreconcilable camps, the progress of system establishment has not been hindered; on the level of domestic law, no academic disputes that may be called intense have occurred on the right to development, but the right to development has not acquired the constitutional norm status equal to the first-generation and the second-generation human rights in the constitutions of most countries. To explain this phenomenon, in-depth analysis should be conducted starting from the properties of the right to development. It would be too simplified and superficial if one claims that the right to development is a basic human right just according to the provisions in such international documents as the Declaration on the Right to Development or the provisions of the constitutions of some few countries, or if one asserts that the right to development is not a basic human right just starting from the actionable principle of human rights law.