LW915-7-AU-CO:
Human Rights, Development and the Environment
2024/25
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 03 October 2024
Friday 13 December 2024
15
27 May 2022
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This module explores the connections between human rights and development within global contexts of poverty, inequality, environmental crisis, injustice and the legacies of colonialism.
Over 900 million people, concentrated in the global South, and particularly from marginalized groups, live in extreme poverty. Global inequality is growing. Prevailing approaches to development, centred around the economy, reliance on the markets, and consumption, have often neglected and undermined rights of groups including women, indigenous peoples, minorities as well as people living in poverty.
The environmental toll of development raises questions for sustainability and has diverse human rights implications. To what extent, and how, do international human rights law and institutions, and the human rights community, address these challenges? What are the obstacles and successes? What can human rights contribute to reducing poverty and to sustainable development? What actions are needed to ensure development is consistent with human rights? Is the human rights movement part of the problem or the solution? These are the central cross-cutting questions that are addressed in this module.
Throughout the module, the theory, institutions and practice of development are interrogated primarily from the perspective of human rights, including international human rights law and inter-disciplinary approaches to human rights. However, at the outset, we critically examine what is meant by, the history of and different critiques of international development. The module proceeds by exploring the different ways in which human rights and development have become linked conceptually and in practice, through critically examining: the 'right to development'; the 'human rights-based approach to development'; and in global development agendas, particularly the Sustainable Development Goals.
The module next examines the debate on the role of the market and the State in development, including neoliberal and welfare state approaches, and critically assesses if, and how, international human rights law standards and human rights actors address these approaches.
The module examines key international development actors, including the International Financial Institutions, UN agencies and donors; their impact on human rights; and what (if any) obligations have accrued to them under international human rights law. Why and how is international human rights law being used to address environmental harms, including climate change? Should environmental protection trump development and human rights? During the module, particular attention will be given to the human rights of people living in poverty, women and indigenous groups and other groups often marginalized in development.
The module also takes a practical and a critical approach. Thus, we not only consider positive examples of how to protect human rights, but also the limitations of the law and approaches of human rights actors in development. Are human rights part of the solution or part of the problem of international development? Have rights been transformative or do their limitations, and the way they have been used, entrench existing power imbalances, inequalities and undermine genuine transformation? What needs to change?
The module strives to provide students with an understanding of the linkages between development and human rights in theory and in practice. During the module, students will be encouraged to think critically about the concept of development from the point of view of human rights; the value-added and limitations of human rights in development; and about the approach of some key development institutions when it comes to human rights.
Human rights are increasingly mainstreamed in development or other related policies of governments, international organisations and civil society, as well as global development agendas: students will develop an understanding of the relevant international human rights legal framework, including its strengths and weaknesses. This will provide a strong foundation for those wishing to work with human rights in the development field; with development in the human rights field; or to undertake further studies in the area.
Students will gain an understanding of (i) in brief, the history and key approaches to development, and their bearing on human rights (ii) the right to development and the human rights-based approach to development (iii) the approach to human rights of key development actors, particularly the State; donors, the World Bank and the IMF; (iv) the Sustainable Development Goals and human rights; the relationship of human rights with austerity and neoliberalism; (v) the environment; development and rights; (vi) human rights of key groups in development, including persons living in poverty; persons with disabilities, indigenous persons and women.
It should be noted that development is shaped by a range of institutions and policies. This module is focused particularly on the following actors: the State; donors; and international institutions including the UN and International Financial Institutions. While the module touches briefly on the role of the private sector, module LW922 covers this much more extensively.
Indicative Syllabus
1. Key issues and concepts of development and human rights
2. The human right to development
3. The human rights-based approach to development
4. The Sustainable Development Goals and Human Rights, with a focus on gender
5. Indigenous peoples, natural resources and the environment
6. Climate change and human rights
7. The rights of nature
8. The World Bank, the IMF and human rights
9. Critiquing human rights in development: looking to the future
This module will be taught via weekly 2-hour seminars.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
- Lord, Janet; Raja, Deepti Samant; Blanck, Peter. (2013) 'Beyond the Orthodoxy of Rule of Law and Justice Sector Reform: A Framework for Legal Empowerment and Innovation through the Convention on the Rights of Persons with Disabilities', in World Bank Legal Review. vol. 4
- (no date) Lubicon Lake Band v. Canada, Communication No. 167/1984 (26 March 1990), U.N. Doc. Supp. No. 40 (A/45/40) at 1 (1990)..
- Transforming our World: The 2030 Agenda for Sustainable Development .:. Sustainable Development Knowledge Platform, https://sustainabledevelopment.un.org/post2015/transformingourworld/publication
- Broberg, Morten; Sano, Hans-Otto. (2018-05-28) 'Strengths and weaknesses in a human rights-based approach to international development – an analysis of a rights-based approach to development assistance based on practical experiences', in The International Journal of Human Rights. vol. 22 (5) , pp.664-680
- (25 September 2015) Transforming Our World: the 2030 Agenda for Sustainable Development.
- Huge victory for Kenya's Ogiek as African Court sets major precedent for indigenous peoples' land rights - Minority Rights Group, https://minorityrights.org/2017/05/26/huge-victory-kenyas-ogiek-african-court-sets-major-precedent-indigenous-peoples-land-rights/
- O'Connell, Paul. (2007) 'On Reconciling Irreconcilables: Neo-Liberal Globalisation and Human Rights', in Human Rights Law Review. vol. 7 (3) , pp.483-509
- (no date) Vienna Declaration and Programme of Action - A/CONF.157/23.
- Hulme, D. (2014) 'Poverty in Development Thought: Symptoms or Cause', in International development: ideas, experience, and prospects, Oxford: Oxford University Press.
- UN Committee for Development Policy. (2018) Leaving no one behind (summary).
- Bradlow, Daniel D. (2005) 'Differing Conceptions of Development and the Content of International Development Law', in South African Journal on Human Rights. vol. 21, pp.47-
- (4 December 1986) A/RES/41/128. Declaration on the right to development.
- Report to the General Assembly of the Special Rapporteur on Extreme Poverty and Human Rights, Philip Alston, 8 May 2018. UN doc. A/HRC/38/33, http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/38/33
- (no date) UN Millennium Declaration, General Assembly Resolution of 8 September 2000, UN Doc. A/RES/55/2.
- (no date) Case of the Indigenous Community Xmok Kek v. Paraguay | ESCR-Net.
- Convention C169 - Indigenous and Tribal Peoples Convention, 1989 (No.169), http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169
- Convention on the Rights of Persons with Disabilities - Articles | United Nations Enable, https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html
- Balakrishnan, R; Elson, D; Heintz, J; Lusiani, N. (2011) Maximum Available Resources and Human Rights: Center for Women's Global Leadership.
- de Schutter, Olivier. (22 January 2018) The International Dimensions of the Right to Development: A Fresh Start towards Improving Accountability, paper prepared for the Open Ended Working Group on the Right to Development.
- Literature Review on Sexuality and Poverty | Institute of Development Studies, https://www.ids.ac.uk/publications/literature-review-on-sexuality-and-poverty/
- Leroy, Anne-Marie. (2012) Legal note on Bank involvement in the criminal justice sector.
- Report to the General Assembly of the Special Rapporteur on Extreme Poverty and Human Rights, https://www.un.org/en/ga/search/view_doc.asp?symbol=A/70/274
- UNDP. (no date) Human Development Report 2016: Development for Everyone.
- (no date) CESCR's Annual Report for 2000, REPORT ON THE TWENTY-SECOND, TWENTY-THIRD AND TWENTY-FOURTH SESSIONS, (25 April-12 May 2000, 14 August-1 September 2000, 13 November -1 December 2000).
- Piron, L-H. (2002) The Right to Development: A Review of the Current State of the Debate.
- Pogge, Thomas. (2005) 'World Poverty and Human Rights', in Ethics & International Affairs. vol. 19 (1) , pp.1-7
- Uvin, P. (2002) 'On High Moral Ground: The Incorporation of Human Rights by the Development Enterprise', in The Fletcher Journal of Development Studies. vol. XVII
- What does it mean to leave no one behind? | UNDP, https://www.undp.org/content/undp/en/home/librarypage/poverty-reduction/what-does-it-mean-to-leave-no-one-behind-.html
- Theresia Degener. (2016) Disability in a Human Rights Context.
- Thomas, Rebekah; Kuruvilla, Shyama; Hinton, Rachael; Jensen, Steven; Magar, Veronica; Bustreo, Flavia. (10 December 2015) Assessing the Impact of a Human Rights-Based Approach across a Spectrum of Change for Women's, Children's, and Adolescents' Health – Health and Human Rights Journal: Health and Human Rights Journal. vol. 17 (2)
- Langford, M. (2016) 'Lost in Transformation? The Politics of the Sustainable Development Goals', in Ethics & International Affairs: Cambridge University Press. vol. 30 (2) , pp.167-176
- Giavanti, F. (2001) Economic, Social and Cultural Rights and the IMF, 7 May 2001, UN Doc. E/C.12/2001/WP.5.
- MacNaughton, Gillian. (2017-10-13) 'Vertical inequalities: are the SDGs and human rights up to the challenges?', in The International Journal of Human Rights. vol. 21 (8) , pp.1050-1072
- Resolution 33/14 adopted by the Human Rights Council on 29 September 2016: the right to development, http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/33/14
- Twomey, Patrick. (2007) 'Chapter 3: Human Rights-Based Approaches to Development: Towards Accountability', in Economic, social and cultural rights in action, Oxford: Oxford University Press., pp.45-70
- De Grieff. (2014) 'Transitional Justice and Development', in International development: ideas, experience, and prospects, Oxford: Oxford University Press.
- Fredman, S., Kuosmanen, Campbell, M. (2016/07) 'Transformative Equality: Making the Sustainable Development Goals Work for Women', in Ethics & International Affairs: Cambridge University Press. vol. 30 (2) , pp.177-187
- Escobar, A. (2005) 'Imagining a Post-Development Era?', in The anthropology of development and globalization: from classical political economy to contemporary neoliberalism, Malden, MA: Blackwell. vol. Blackwell anthologies in social and cultural anthropology, pp.352-359
- Who will be Accountable? Human Rights and the Post-2015 Development Agenda, 2013, http://www.ohchr.org/Documents/Publications/WhoWillBeAccountable.pdf
- Williams, Carmel; Hunt, Paul. (2017-10-13) 'Neglecting human rights: accountability, data and Sustainable Development Goal 3', in The International Journal of Human Rights. vol. 21 (8) , pp.1114-1143
- (no date) Report of the Secretary General to the General Assembly on Renewing the United Nations: a Programme for Reform, UN Doc. A/51/950, July 1997.
- Fagan, Andrew. (2019) 'The Gentrification of Human Rights', in Hum. Rts.. vol. 41 (2019) , pp.283-308201941
- (2003) The Human Rights-Based Approach to Development Cooperation: Towards a Common Understanding Among UN Agencies: The Second UN Inter-Agency Workshop on Implementing a Human Rights-Based Approach in the Context of UN Reform.
- Stephen Marks. (©2018) 'Poverty and Human Rights', in International human rights law, Oxford: Oxford University Press., pp.597-618-
- (no date) Report of the High-Level Task Force on the Implementation of the Right to Development on its sixth session, Right to Development Criteria and Operational Sub-criteria, A/HRC/15/WG.2/TF/2/Add.2, 8 March 2010.
- Of Austerity, Human Rights and International Institutions, http://www.lse.ac.uk/humanRights/documents/2015/salomonWpsAusterity.pdf
- Moyn, Samuel; EBSCOhost ebook collection. (2018) Not enough: human rights in an unequal world, Cambridge, Massachusetts: The Belknap Press of Harvard University Press.
- Palacio, Ana. (October 2006) 'The Way Forward: Human Rights and the World Bank', in Development Outreach., pp.35-37
- Marks, Stephen. (2004) 'The Human Right to Development: Between Rhetoric and Reality', in Harvard Human Rights Journal. vol. 17, pp.137-
- Inter-Agency and Expert Group on SDG Indicators. (no date) Global Indicator Framework for the SDGs and targets of the 2030 Agenda for Sustainable Development (amended 2019).
- Institute for Human Rights and Development and Others v Democratic Republic of Congo, Communication 393/10 | ESCR-Net, https://www.escr-net.org/caselaw/2018/institute-human-rights-and-development-and-others-v-democratic-republic-congo
- Morgan, Rhiannon. (2009) 'Forging indigenous rights at the United Nations: A social constructionist account', in Interpreting human rights: social science perspectives, London: Routledge. vol. Routledge advances in sociology, pp.121-140
- Gigoux, Carlos; Samson, Colin. (2016) 'Globalization and Indigenous Peoples: New old patterns', in The Routledge international handbook of globalization studies, Abingdon: Routledge., pp.272-295
- (no date) Letter from 28 special procedures mandate holders to the President of the World Bank, Mr Jim Yong Kim, 12 December 2014.
- Wills, Joe. (2017) Contesting world order?: socioeconomic rights and global justice movements, Cambridge: Cambridge University Press.
- CESCR Statement on Public Debt, Austerity Measures and the International Covenant on Economic, Social and Cultural Rights , 22 July 2016, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f2016%2f1&Lang=en
- Bustreo,, F. (2013) Women's and Children's Health: Evidence of Impact of Human Rights: WHO.
- Special Rapporteur on the rights of indigenous peoples, http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx
- Committee on Economic, Social and Cultural Rights. (2016) Statement on Public Debt, Austerity Measures and the International Covenant on Economic, Social and Cultural Rights. vol. E/C.12/2016/1
- World Bank; Organisation for Economic Co-operation and Development. (2013) Integrating human rights into development: donor approaches, experiences, and challenges, Washington, D.C.: OECD, Organisation for Economic Co-operation and Development.
- Fujita, Sanae. (2011-03) 'The challenges of mainstreaming human rights in the World Bank', in The International Journal of Human Rights. vol. 15 (3) , pp.374-396
- Anaya, S. James. (c2009) International human rights and indigenous peoples, Austin: Wolters Kluwer Law & Business.
- (no date) Ivan Kitok v. Sweden, Communication No. 197/1985, CCPR/C/33/D/197/1985 (1988)..
- Gready, P. (2009) 'Reasons to Be Cautious about Evidence and Evaluation: Rights-based Approaches to Development and the Emerging Culture of Evaluation', in Journal of Human Rights Practice. vol. 1 (3) , pp.380-401
- Fukuda-Parr, Sakiko. (2019-01) 'Keeping Out Extreme Inequality from the
Agenda – The Politics of Indicators', in Global Policy. vol. 10 (S1) , pp.61-69
- Committee on the Rights of the Child. (2016-07-20) General Comment No. 19 on Public Budgeting for the Realisation of Children's Rights. vol. CRC/C/GC/19
- (no date) Report to the General Assembly of the Special Rapporteur on Extreme Poverty and Human Rights, Philip Alston, 4 August 2015. UN doc. A/70/274.
- Claire E. Brolan. (2016) A Word of Caution: Human Rights, Disability, and Implementation of the Post-2015 Sustainable Development Goals.
- Langford, Malcolm. (2015-07) 'Rights, Development and Critical Modernity', in Development and Change. vol. 46 (4) , pp.777-802
- Report of UN Special Rapporteur on the Rights of Indigenous Peoples – extractive industries, A/HRC/24/41, 1st November 2017, https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Documents/A-HRC-24-41_en.pdf
- Sengupta, Arjun. (2002) 'On the Theory and Practice of the Right to Development', in Human Rights Quarterly. vol. 24, pp.837-
- UN Declaration on the Rights of Indigenous Peoples (2007), http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
- (no date) International Covenant on Economic, Social and Cultural Rights.
- Way, S. A.; Lusiani, N.; Saiz, I. (2014) 'Economic and Social Rights in the 'Great Recession': Towards a Human Rights-Centered Economic Policy', in Economic, social and cultural rights in international law: contemporary issues and challenges, Oxford: Oxford University Press.
- Jason Hickel. (2015-09-23) 'Forget 'developing' poor countries, it's time to 'de-develop' rich countries', in Guardian, The Guardian.
- Committee on the Rights of Persons with Disabilities, General Comment No. 1, UN Doc. CRPD/C/GC/1, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD/C/GC/1&Lang=en
- Thunberg, Greta. (September 2019) YouTube.
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Essay (LW915 Human Rights, Development and Environment) |
|
100% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Ms Judith Bueno De Mesquita, email: jrbuen@essex.ac.uk.
Ms Jude Bueno de Mesquita, Birsha Ohdedar & Professor Lars Waldorf
lawpgtadmin@essex.ac.uk
Yes
No
Yes
Dr Titilayo Adebola
University of Aberdeen
Lecturer in Law
Dr Avidan Kent
University of East Anglia
Associate Professor
Available via Moodle
Of 18 hours, 16 (88.9%) hours available to students:
2 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.
Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can
be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements,
industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist
of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules.
The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.
The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.