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What is the Use of a Human Right to Development? Legal Pluralism, ‘Participation’, and a Tentative Rehabilitation
Author(s) -
Markus Joseph
Publication year - 2014
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2014.00674.x
Subject(s) - human rights , declaration , pluralism (philosophy) , scope (computer science) , indigenous , political science , sociology , right to development , pillar , environmental ethics , law , epistemology , ecology , philosophy , structural engineering , computer science , biology , programming language , engineering
The human right to development divides academic thought. On the one hand, it is mistrusted as an apology for human rights (and other) abuses. On the other, it remains a central pillar of the UN‐led campaign against poverty. Building on the concept of the right to participate in development framed in the UN General Assembly Declaration of 1986, this article seeks to show that there is some scope for the rehabilitation of that right. It demonstrates how the development discourse has tended to exclude minority and subaltern groups. Drawing on the insights of legal pluralism, it then outlines ways in which, for example, indigenous communities have reasserted some control over the development process, before suggesting how this could lay the basis for the wider rehabilitation of the idea of a human right to development.