The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

• Published in: Potchefstroom electronic law journal Vol. 27; no. 1; pp. 1 - 20
• Main Author: Fobosi, Siyabulela Christopher
• Format: Journal Article
• Language: English
• Published: North-West University (Potchefstroom Campus) 20-09-2024; North-West University
• Subjects: Africa; business and human rights; Law; right to development; rights; science; right to development; Africa; business and human rights; rights; science
• ISSN: 1727-3781; 1727-3781
• DOI: 10.17159/1727-3781/2024/v27i0a17921

The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from international human rights treaties. Advocating "people-centered development" places individuals at the forefront, empowering them as principal beneficiaries of development efforts. According to Article 2 of the DRTD, both state and non-state actors are responsible for formulating inclusive national development policies to continually enhance the well-being of the entire populace. This involves ensuring active, accessible, and meaningful participation in development processes and fair distribution of the resulting benefits. South Africa's duty to realise the right to development comes under scrutiny in this context. Despite its obligations under international instruments like the African Charter, challenges persist in effectively implementing developmental advancements. This includes fields critical for sustainable progress, such as renewable energy, biotechnology and information technology. Furthermore, the COVID-19 pandemic has exacerbated existing obstacles, straining resources and threatening to reverse recent developmental gains. Budget constraints, particularly in the research and development sectors, hinder progress towards meeting development objectives. Therefore, while the DRTD and other international instruments emphasise the importance of the right to development, critical debates regarding its scope and implementation persist. Addressing these issues requires a nuanced understanding of development dynamics, balancing global aspirations with practical considerations. It necessitates collaborative efforts to refine and operationalise the right to development, ensuring equitable progress and sustainable development for all.