The meaning of sustainable development has been definedin various ways, but this expression generally dates back toReport of the World Commission on Environment andDevelopment (WCED),
Our Common Future
(the BrundtlandReport) of 1987. Its understanding is the most frequentlyadopted by many people and institutions.
“Sustainable development is development that meets the needs of the present without compromising the ability of future generations tomeet their own needs. It contains within it two key concepts:
the concept of
needs, in particular the essential needs of theworld's poor, to which overriding priority should be given; and
the idea of
imposed by the state of technology and social organization on the environment's ability to meet present and future needs.”
From the perspective of international law framework,Dominic McGoldrick suggested that sustainable developmentcan be structurally conceived as having a pillared as temple-like structure. Those pillars are composed from severalInternational law fields, namely international environmentallaw, international economic law and international humanrights law.
The center of this paper will be more focused onthe latest framework.Pillar 2 Pillar 1 Pillar 3
Fig. 1 Sustainable Development Pillars based on International lawframework.
Broadly speaking, human rights are those fundamentalrights to which every man inhabiting any part of the worldentitled by virtue of having been born a human being, becausethese rights are required for the full and completedevelopment of human personality.
Over these years,however, even entitlements to socio-economic demands arealso clubbed with human rights.
Human rights are institutionalized by means of their transformation into positive law. When human rights areguaranteed by a written Constitution, they becomeunenforceable fundamental rights.
The foundation of
World Commission on Environment and Development (WCED),
Our Common Future,
Oxford University Press, Oxford, 1987, p. 43.
Dominic McGoldrick, “Sustainable Development and Human Rights: AnIntegrated Conception”
, The International and Comparative Law Quarterly
,Vol. 45, No. 4, Oct., 1996, pp. 2-7.
Hendrik Keptein, “The Morals of Post-Modern Human Rights”
, IndianSocio-Legal Journal
, Vol. XIX, No. 2, 1993, p. 33.
See J.L. Kaul, et al., “Globalization and Human Rights: Some Remarks” inS.C. Raina, Ed.,
Law and Development: An Anthology of Topical Legal Studies
, 2003, pp. 368-390.
fundamental rights is essentially a foundation for judiciallyenforcing human rights.
Before examining the human rights protection chapter of this paper, it is pertinent to observe Clarence Dias’ notions onthe characteristics, principles and the human right based-approach in order to build a common understanding abouthuman rights.
Human rights are universal, indivisible,inalienable, interdependent and interrelated. Human rights are‘universal’ and ‘inalienable’, thus across centuries, acrosscivilization, across religions, human rights have existed for allhuman beings and for all peoples. Human rights are‘interdependent’ and ‘interrelated’, thus the right to food isrelated to the right to work, the right to health, the right tosocial services, and most importantly, the rights of women.Certain rights such as freedom from discrimination arecrosscutting and intimately related to the enjoyment of severalother human rights. However, the ‘indivisibility’ of prioritiesand inter-relatedness of human rights do not preclude thesetting of priorities in human rights programming.
Three human rights principles are of specialrelevance to development assistance.
, ‘participation’.The Declaration on the Right to Development elaborates as being free, active and meaningful. It further clarifies that participation is both an interdependent means and end of development;
, ‘non-discrimination’. The Declarationalso stresses the principle of non-discrimination and equitablesharing in the benefit of development;
, ‘rule of law’.This principle is of considerable relevance to governance programming. It stresses that no one is above the law. All persons are entitled to the equal protection of laws. It alsostates that for every right, there must be a remedy, andtherefore, the right to a timely and effective remedy provides achallenge for programming in the sectors of legal and justicesector reform.
3) Human Rights Based-Approach:
A human rights-basedapproach is founded on the conviction that each and everyhuman being, by virtue of being human, is a holder of rights.A human right entails an obligation on the part of governmentto respect, promote, protect and fulfil such a right. The legaland normative character of human rights and the associatedgovernmental obligations are based on international humanrights treaties and other standards, as well as on nationalconstitutional human rights provisions and laws.
Meanwhile, according to Indonesian Act No. 39 of 1999concerning Human Rights and Act No. 26 of 2000 concerningHuman Rights Court, the term of human rights is defined as:
Comparative Constitutional Law,
Prentice Hall of India, 1984;See also Robert Alexy, “Discourse Theory and Fundamental Rights” inAgustin José Menéndez and Erik Oddvor Eriksen, Eds.,
Arguing Fundamental Rights,
The Netherlands: Springer, 2006, pp. 17-22.
Clarence Dias, “Understanding the UN Common Understanding on aHuman Rights-Based Approach to Development Programming”, in C. RajKumar and DK. Srivastava,
Human Rights and Development: Law, Policyand Governance,
Hong Kong: LexisNexis, 2006, p. 318-321.