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Human rights based approaches to developmen t: concepts, evidence, and policy, Volume 1
 
Author:Gauri, Varun; Gloppen, Siri; Country:World;
Date Stored:2012/01/09Document Date:2012/01/01
Document Type:Policy Research Working PaperSubTopics:Parliamentary Government; Human Rights; Gender and Law; Population Policies; Health Law
Language:EnglishMajor Sector:Education; Public Administration, Law, and Justice; Health and other social services
Rel. Proj ID:1W-Human Rights And Services For Poor People -- -- P092076;Region:The World Region
Report Number:WPS5938Sub Sectors:Health; Primary education; Law and justice
Collection Title:Policy Research working paper ; no. WPS 5938TF No/Name:TF054260-TFESSD; TF097601-Institutions and Human Rights
Volume No:1  

Summary: This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.

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