Accommodating the Right to Development in Kosovo: A Human Rights Perspective

AuthorRemzije Istrefi
PositionProfessor, PhD, Faculty of Law and the Department of Political Science, University of Prishtina, Kosovo
Pages101-112
JURIDICA
101
Accommodating the Right to
Development in Kosovo: A Human Rights
Perspective
Remzije ISTREFI
1
Abstract: The right to development is the right of individuals and peoples to an enabling environment
for development that is equitable, sustainable, and participatory and in accordance with the full range
of human rights and fundamental freedoms. A wide ran ge of international law on development exists,
and numerous Declarations and Programs of Action from the UN World Conferences have been
proclaimed. Nevertheless, due to its nature and its legal status the right to development continues to be
one of the most contested rights in academic and political circles. The con flicting interpretation of the
right to development and its contested legal status affects realization of development to which e very
human person is entitled by virtue of the right to development. But, if the right to development is read
through the human rights lenses, it can result in an interpretation that can be most helpful for its
realization in practice. The relevance of interpretation of the right to development as a human right
becomes imperative in transitional society such as the one in Kosovo where the environment continues
to encounter legal and structural obstacles to development. In light of this situation the present paper
analyses the relationship between human rights and development, the relevance of development in post
conflict society and its impact on overcoming the transition and securing a lasting peace.
Keywords: human rights; right to development; post conflict society; transition; Kosovo
1. Introduction
Human rights are not entirely generational since they are interrelated, they overlap
and can be concurrent (UN GA Declaration on the Right to Development, 1986,
Article 6(2); UN Vienna Declaration and Program of Action, 1993, Article 5). The
right to development belongs to the third generation of human rights and is
considered to be a collective right. Currently in the legal and political circles there is
considerable degree of uncertainty about who is the duty bearer of the right (the
individual, or the collective, the state, the community, or people). In practice, to ease
1
Professor, PhD, Faculty of Law and the Department of Political Science, University of P rishtina,
Kosovo, Address: Kosovska Mitrovica, Kosovo, Corresponding author: remzie.istrefi@uni-pr.edu.
AUDJ, vol. 13, no. 2/2017, pp. 101-112

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