Nota de Rodapé nº 18

A/RES/41/128
4 December 1986
97th plenary meeting
41/128. Declaration on the Right to Development
The General Assembly,
Having considered the question of the right to development,
Decides to adopt the Declaration on the Right to Development, the text ofwhich is annexed to the present resolution.
ANNEX
Declaration on the Right to Development
The General Assembly,
Bearing in mind the purposes and principles of the Charter of the UnitedNations relating to the achievement of international co-operation in solvinginternational problems of an economic, social, cultural or humanitariannature, and in promoting and encouraging respect for human rights andfundamental freedoms for all without distinction as to race, sex, language orreligion, Recognizing that development is a comprehensive economic, social,cultural and political process, which aims at the constant improvement of thewell-being of the entire population and of all individuals on the basis oftheir active, free and meaningful participation in development and in the fairdistribution of benefits resulting therefrom,
Considering that under the provisions of the Universal Declaration ofHuman Rights everyone is entitled to a social and international order in whichthe rights and freedoms set forth in that Declaration can be fully realized,
Recalling the provisions of the International Covenant on Economic,Social and Cultural Rights and of the International Covenant on Civil andPolitical Rights,
Recalling further the relevant agreements, conventions, resolutions,recommendations and other instruments of the United Nations and itsspecialized agencies concerning the integral development of the human being,economic and social progress and development of all peoples, including thoseinstruments concerning decolonization, the prevention of discrimination,respect for and observance of, human rights and fundamental freedoms, themaintenance of international peace and security and the further promotion offriendly relations and co-operation among States in accordance with the Charter,
Recalling the right of peoples to self-determination, by virtue of whichthey have the right freely to determine their political status and to pursuetheir economic, social and cultural development,
Recalling also the right of peoples to exercise, subject to the relevantprovisions of both International Covenants on Human Rights, full and completesovereignty over all their natural wealth and resources,
Mindful of the obligation of States under the Charter to promoteuniversal respect for and observance of human rights and fundamental freedomsfor all without distinction of any kind such as race, colour, sex, language,religion, political or other opinion, national or social origin, property,birth or other status,
Considering that the elimination of the massive and flagrant violationsof the human rights of the peoples and individuals affected by situations suchas those resulting from colonialism, neo-colonialism, apartheid, all forms ofracism and racial discrimination, foreign domination and occupation,aggression and threats against national sovereignty, national unity andterritorial integrity and threats of war would contribute to the establishmentof circumstances propitious to the development of a great part of mankind,
Concerned at the existence of serious obstacles to development, as wellas to the complete fulfilment of human beings and of peoples, constituted,inter alia, by the denial of civil, political, economic, social and culturalrights, and considering that all human rights and fundamental freedoms areindivisible and interdependent and that, in order to promote development,equal attention and urgent consideration should be given to theimplementation, promotion and protection of civil, political, economic, socialand cultural rights and that, accordingly, the promotion of, respect for andenjoyment of certain human rights and fundamental freedoms cannot justify thedenial of other human rights and fundamental freedoms,
Considering that international peace and security are essential elementsfor the realization of the right to development,
Reaffirming that there is a close relationship between disarmament anddevelopment and that progress in the field of disarmament would considerablypromote progress in the field of development and that resources releasedthrough disarmament measures should be devoted to the economic and socialdevelopment and well-being of all peoples and, in particular, those of thedeveloping countries,
Recognizing that the human person is the central subject of thedevelopment process and that development policy should therefore make thehuman being the main participant and beneficiary of development,
Recognizing that the creation of conditions favourable to the developmentof peoples and individuals is the primary responsibility of their States,
Aware that efforts at the international level to promote and protecthuman rights should be accompanied by efforts to establish a new internationaleconomic order,
Confirming that the right to development is an inalienable human rightand that equality of opportunity for development is a prerogative both ofnations and of individuals who make up nations, Proclaims the following Declaration on the Right to Development:
Article 1
1. The right to development is an inalienable human right by virtue ofwhich every human person and all peoples are entitled to participate in,contribute to, and enjoy economic, social, cultural and political development,in which all human rights and fundamental freedoms can be fully realized.
2. The human right to development also implies the full realization ofthe right of peoples to self-determination, which includes, subject to therelevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their naturalwealth and resources.
Article 2
1. The human person is the central subject of development and should bethe active participant and beneficiary of the right to development.
2. All human beings have a responsibility for development, individuallyand collectively, taking into account the need for full respect for theirhuman rights and fundamental freedoms as well as their duties to thecommunity, which alone can ensure the free and complete fulfilment of thehuman being, and they should therefore promote and protect an appropriatepolitical, social and economic order for development.
3. States have the right and the duty to formulate appropriate nationaldevelopment policies that aim at the constant improvement of the well-being ofthe entire population and of all individuals, on the basis of their active,free and meaningful participation in development and in the fair distributionof the benefits resulting therefrom.
Article 3
1. States have the primary responsibility for the creation of nationaland international conditions favourable to the realization of the right todevelopment.
2. The realization of the right to development requires full respectfor the principles of international law concerning friendly relations andco-operation among States in accordance with the Charter of the UnitedNations.
3. States have the duty to co-operate with each other in ensuringdevelopment and eliminating obstacles to development. States should realizetheir rights and fulfil their duties in such a manner as to promote a newinternational economic order based on sovereign equality, interdependence,mutual interest and co-operation among all States, as well as to encourage theobservance and realization of human rights.
Article 4
1. States have the duty to take steps, individually and collectively,to formulate international development policies with a view to facilitatingthe full realization of the right to development. 2. Sustained action is required to promote more rapid development ofdeveloping countries. As a complement to the efforts of developing countries,effective international co-operation is essential in providing these countrieswith appropriate means and facilities to foster their comprehensivedevelopment.
Article 5
States shall take resolute steps to eliminate the massive and flagrantviolations of the human rights of peoples and human beings affected bysituations such as those resulting from apartheid, all forms of racism andracial discrimination, colonialism, foreign domination and occupation,aggression, foreign interference and threats against national sovereignty,national unity and territorial integrity, threats of war and refusal torecognize the fundamental right of peoples to self-determination.
Article 6
1. All States should co-operate with a view to promoting, encouragingand strengthening universal respect for and observance of all human rights andfundamental freedoms for all without any distinction as to race, sex, languageor religion. 2. All human rights and fundamental freedoms are indivisible andinterdependent; equal attention and urgent consideration should be given tothe implementation, promotion and protection of civil, political, economic,social and cultural rights.
3. States should take steps to eliminate obstacles to developmentresulting from failure to observe civil and political rights, as well aseconomic, social and cultural rights.
Article 7
All States should promote the establishment, maintenance andstrengthening of international peace and security and, to that end, should dotheir utmost to achieve general and complete disarmament under effectiveinternational control, as well as to ensure that the resources released byeffective disarmament measures are used for comprehensive development, inparticular that of the developing countries.
Article 8
1. States should undertake, at the national level, all necessarymeasures for the realization of the right to development and shall ensure,inter alia, equality of opportunity for all in their access to basicresources, education, health services, food, housing, employment and the fairdistribution of income. Effective measures should be undertaken to ensurethat women have an active role in the development process. Appropriateeconomic and social reforms should be carried out with a view to eradicatingall social injustices.
2. States should encourage popular participation in all spheres as animportant factor in development and in the full realization of all humanrights.
Article 9
1. All the aspects of the right to development set forth in the presentDeclaration are indivisible and interdependent and each of them should beconsidered in the context of the whole.
2. Nothing in the present Declaration shall be construed as beingcontrary to the purposes and principles of the United Nations, or as implyingthat any State, group or person has a right to engage in any activity or toperform any act aimed at the violation of the rights set forth in theUniversal Declaration of Human Rights and in the International Covenants onHuman Rights.
Article 10 Steps should be taken to ensure the full exercise and progressiveenhancement
of the right to development, including the formulation, adoptionand implementation of policy, legislative and other measures at the nationaland international levels.