Publication: Human Rights and Equitable Development: "Ideals", Issues and Implications
Loading...
Files in English
1,035 downloads
Date
2005
ISSN
Published
2005
Editor(s)
Abstract
This paper outlines areas of human rights law relevant to development and introduces perspectives on the nature of the relationship between the two fields. While it is clear that some progress has been made towards integrating human rights and development, it is clear that the two discourses remain distinct, and attempts to find commonalities and convergence between them face numerous issues in practice. A key question for both human rights advocates and development practitioners is how human rights standards can be maintained in the context of development practices.
Link to Data Set
Citation
“Decker, Klaus; McInerney-Lankford, Siobhán; Sage, Caroline. 2005. Human Rights and Equitable Development: "Ideals", Issues and Implications. © World Bank. http://hdl.handle.net/10986/9132 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Law or Justice : Building Equitable Legal Institutions(Washington, DC: World Bank, 2005)It is now widely accepted that the 'rule of law' is key to sustainable development. The different legal or rule-based systems in any given society underpin the institutions that govern both market and non-market interactions; they determine the distribution of economic, social and political rights and obligations affecting both economic and noneconomic relationships. They shape the regulation of market practices and the delivery of public services and the opportunities people have to take part in economic activity and generate fair returns. Legal institutions also provide mechanisms to mediate conflict resolve disputes and sustain peace and order. This belief in the importance of legal institutions is reflected in the emergence of Justice Sector Reform (JSR) as a central concern for many development agencies. This paper examines the way the relationship between law and development is currently conceptualized in development circles, and in particular how Justice Sector Reform has been pursued as a consequence.Publication Customary Law and Policy Reform : Engaging with the Plurality of Justice Systems(Washington, DC: World Bank, 2005)The importance of building effective legal and regulatory systems has long been recognized by development professionals, yet there have been few programmatic initiatives that have translated empirical evidence and political intention into sustained policy success. Justice sector reforms have frequently been based on institutional transplants, wherein 'successful� legal codes (constitutions, contract law, etc.) and institutions (courts, legal services organizations, etc.) of developed countries have been imported almost verbatim into developing countries, without thought of the country�s social and cultural situation. Further, the fact that most developing countries have customary legal systems is often overlooked by development practitioners. Many governments, however, have tried to engage with customary systems in one way or another, with differing results. This paper brings customary systems into central focus in the ongoing debate about legal and regulatory reform. It analyses the ongoing challenges and critiques of customary legal systems and examines why, despite these challenges, engaging with such systems is crucial to successful reform processes. It examines the ways customary systems have developed in three African Countries?Tanzania, Rwanda and South Africa?and draws out some of the lessons of these experiences and the implications they have for policy reform initiatives.Publication Mineral Wealth and Equitable Development(Washington, DC: World Bank, 2004)In theory, new mineral wealth should offer governments a chance to boost economic growth and reduce inequality. In practice, it often leads to economic stagnation, civil conflict, and heightened inequality. To avoid these problems, governments must navigate a complex series of economic, social, and political challenges. One of the most difficult challenges is deciding how to deal equitably with the regional or local communities where the extraction occurs. The use of transparency, multi-stakeholder dialogues, and special attention to human rights and security can help reduce these risks.Publication Human Rights Indicators in Development : An Introduction(World Bank, 2010)Human rights indicators are central to the application of human rights standards in context and relate essentially to measuring human rights realization, both qualitatively and quantitatively. They offer an empirical or evidence-based dimension to the normative content of human rights legal obligations and provide a means of connecting those obligations with empirical data and evidence and, in this way, relate to human rights accountability and the enforcement of human rights obligations. Human rights indicators are important for both assessment and diagnostic purposes: the assessment function of human rights indicators relates to their use in monitoring accountability, effectiveness, and impact; the diagnostic purpose relates to measuring the current state of human rights implementation and enjoyment in a given context, whether regional, country-specific, or local. This paper offers a preliminary review of the foregoing in the development context and a general perspective on the significance of human rights indicators for development processes and outcomes. It is not intended to be prescriptive and does not provide specific operational recommendations on the use of human rights indicators in development projects. Nor does it advocate a particular approach or mode of integrating human rights in development or argue for a rights-based approach to development. This paper is designed to provide development practitioners with a preliminary view on the possible relevance, design, and use of human rights indicators in development policy and practice. It also introduces a basic conceptual framework about the relationship between rights and development, including in the World Bank context. It then moves to methodological approaches on human rights measurement, exploring in general terms different types of human rights indicators and their potential implications for development at three levels of convergence or integration. The paper therefore offers a theoretical introduction to a complex area of growing relevance in a number of areas of development that may be of interest to practitioners and scholars in a variety of institutional settings.Publication Human Rights and Climate Change : A Review of the International Legal Dimensions(World Bank, 2011-03-17)The study includes a conceptual overview of the link between climate impacts and human rights, focused on the relevant legal obligations underpinning the international law frameworks governing both human rights and climate change. As such it makes a significant contribution to the global debate on climate change and human rights by offering a comprehensive analysis of the international legal dimensions of this intersection. The study helps advance an understanding of what is meant, in legal and policy terms, by the human rights impacts of climate change through examples of specific substantive rights. It gives a legal and theoretic perspective on the connection between human rights and climate change along three dimensions: first, human rights may affect the enjoyment of human rights. Second, measures to address human rights may impact the realization of rights and third, that human rights have potential relevance to policy and operational responses to climate change, and may promote resilience to climate change, including in developing countries in a way that may help sustainable development. This study effectively consolidates knowledge from the fields of international human rights law, international law governing climate change and international environmental law, building on the existing work of the United Nation (UN) office of the high commissioner on human rights, the UN human rights council and the international council on human rights policy. Although it maintains a legal focus, the study has benefited from the input of a host of international experts from other disciplines as well.
Users also downloaded
Showing related downloaded files
Publication The Power of Survey Design : A User's Guide for Managing Surveys, Interpreting Results, and Influencing Respondents(Washington, DC: World Bank, 2006)The vast majority of data used for economic research, analysis, and policy design comes from surveys-surveys of households, firms, schools, hospitals, and market participants, and, the accuracy of the estimate will depend on how well the survey is done. This innovative book is both a 'how-to' go about carrying out high-quality surveys, especially in the challenging environment of developing countries, and a 'user's guide' for anyone who uses statistical data. Reading this book will provide data users with a wealth of insight into what kinds of problems, or biases to look for in different data sources, based on the underlying survey approaches that were used to generate the data. In that sense the book is an invaluable 'skeptics guide to data'. Yet, the broad storyline of the book is something that should be absorbed by statistical data users. The book will teach and show how difficult it often is to obtain reliable estimates of important social and economic facts, and, therefore encourages you to approach all estimates with sensible caution.Publication Zimbabwe(World Bank, Washington, DC, 2019-03-01)This report presents an assessment of Zimbabwe’s agriculture sector disaster risk and management capacity. The findings indicate that Zimbabwe is highly exposed to agricultural risks and has limited capacity to manage risk at various levels. The report shows that disaster-related shocks along Zimbabwe’s agricultural supply chains directly translate to volatility in agricultural GDP. Such shocks have a substantial impact on economic growth, food security, and fiscal balance. When catastrophic disasters occur, the economy absorbs the shocks, without benefiting from any instruments that transfer the risk to markets and coping ability. The increasing prevalence of ‘shock recovery-shock’ cycles impairs Zimbabwe’s ability to plan and pursue a sustainable development path. The findings presented here confirm that it is highly pertinent for Zimbabwe to strengthen the capacity to manage risk at various levels, from the smallholder farmer, to other participants along the supply chain, to consumers (who require a reliable, safe food supply), and ultimately to the government to manage natural disasters. The assessment provides the following evidence on sources of risks and plausible risk management solutions. It is our hope that the report contributes to action by the Government of Zimbabwe to adopt a proactive and integrated risk management strategy appropriate to the current structure of the agricultural sector.Publication World Development Report 2019(Washington, DC: World Bank, 2019)Work is constantly reshaped by technological progress. New ways of production are adopted, markets expand, and societies evolve. But some changes provoke more attention than others, in part due to the vast uncertainty involved in making predictions about the future. The 2019 World Development Report will study how the nature of work is changing as a result of advances in technology today. Technological progress disrupts existing systems. A new social contract is needed to smooth the transition and guard against rising inequality. Significant investments in human capital throughout a person’s lifecycle are vital to this effort. If workers are to stay competitive against machines they need to train or retool existing skills. A social protection system that includes a minimum basic level of protection for workers and citizens can complement new forms of employment. Improved private sector policies to encourage startup activity and competition can help countries compete in the digital age. Governments also need to ensure that firms pay their fair share of taxes, in part to fund this new social contract. The 2019 World Development Report presents an analysis of these issues based upon the available evidence.Publication Facets of Globalization : International and Local Dimensions of Development(Washington, DC: World Bank, 2001-10)The chapters in this volume underscore the transformative role of globalization and urbanization, and show the interplay between these forces. Trade reform and liberalized foreign investment regimess have contributed to the spatial reallocation of economic activity toward cities, especially those cities that can attract and nurture human capital and strong connections to other markets. Global factors have, therefore, reinforced agglomeration economies in shifting economic clout toward cities, and in so doing they may be exacerbating regional disparities in incomes. The rise of cities is changing political dynamics in developing nations. It is forcing a reappraisal of existing constitutional structures and center-local relations, as well as the important--and perhaps more mundane-- arrangements for funding and organizing investment by subnational entities. At the same time, democratization is reinforcing the pressures for local autonomy. This perspective shifts the debate away from whether or not globalization is undermining the role of the central state and toward one about the appropriate allocation of responsibilities and resources to different layers of government. Strong arguments support the position that municipalities can, with the appropriate resources and political structures to ensure their responsiveness to local needs, make substantial improvements in the well-being of urban residents. Experience suggests that some state functions ought to remain with government.Publication Ten Steps to a Results-Based Monitoring and Evaluation System : A Handbook for Development Practitioners(Washington, DC: World Bank, 2004)An effective state is essential to achieving socio-economic and sustainable development. With the advent of globalization, there are growing pressures on governments and organizations around the world to be more responsive to the demands of internal and external stakeholders for good governance, accountability and transparency, greater development effectiveness, and delivery of tangible results. Governments, parliaments, citizens, the private sector, Non-governmental Organizations (NGOs), civil society, international organizations, and donors are among the stakeholders interested in better performance. As demands for greater accountability and real results have increased, there is an attendant need for enhanced results-based monitoring and evaluation of policies, programs, and projects. This handbook provides a comprehensive ten-step model that will help guide development practitioners through the process of designing and building a results-based monitoring and evaluation system. These steps begin with a 'readiness assessment' and take the practitioner through the design, management, and importantly, the sustainability of such systems. The handbook describes each step in detail, the tasks needed to complete each one, and the tools available to help along the way.