خلاصة:
In the Declaration on the Right to Development adopted in 1986 by the United Nations General Assembly, the right to development is considered a human right and an integral part of human rights. In this light, the approval and implementation of welfare and development projects are seen as essential for securing this right and, consequently, as obligations of states. Both the developmental state theory and the welfare state theory advocate for state intervention aimed at achieving development and are seen as having a constructive role. Using a descriptive-analytical method, the main question of this study is to understand the relationship between developmental and welfare states and the right to development. Developmental states emphasize the positive outcomes of economic development rather than the democratic nature of the system. This characteristic lead researchers to conclude that the developmental state will not guarantee the right to development as a human right as defined in human rights instruments. However, the welfare state refers to welfare rights and the development of education and health. Thus, with the close and evolving relationship between welfare rights and the right to development, the ideal state, from a human-rights perspective, is the welfare state.
ملخص الجهاز:
This characteristic and emphasis on the weakness of civil society lead researchers to conclude that the developmental state will not guarantee the right to development as a human right as defined in the human rights documents of the United Nations.
" Since the research area is legal, the author's proposed solution to justify the government's welfare obligations and the government's competence to approve and implement development projects is more of a human rights approach than within the framework of political economy and responding to criticisms of the welfare state.
To reach a meaning that includes the comprehensiveness of the right to development, we can use the definition of development in the preamble of the 1986 Declaration; development is a comprehensive economic, social, cultural and political process whose goal is the continuous improvement of the welfare of the entire population and all individuals based on their active, free and beneficial participation in development and in the equitable distribution of its benefits.
For the people of a state, improving machinery, implementing [development projects], and implementing civil, political, economic, social and cultural rights at the national and international levels are potentially more beneficial to their development aspirations” (404, 403: 2003, Vandenhole).
In the human rights approach to the right to development, those governed and the institution of civil society can be effective and efficient in public investigation procedures, consultation, and seeking opinions, and in both stages of forming and monitoring the implementation of welfare development projects.
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