A - Human Rights Council - Commentary on article 1 (1) of the Declaration on the Right

On 18 May 2021, the Expert Mechanism on the Right to Development adopted a Statement supporting the elaboration of a legally binding instrument with a view to strengthening the effective operationalization and full implementation of the right to development. [...] Pending the adoption and ratification of a legally binding instrument on the right to development, the Commentaries on the Declaration offer an opportunity to interpret the Declaration in the light of normative developments that have occurred since its adoption. [...] The Expert Mechanism adopts these commentaries with a view to contributing to the reinvigorating and mainstreaming of the right to development, and to encouraging civil society and grassroots organizations to use the right to development in their work. [...] The exploitation of natural wealth and resources on the territory by all relevant actors is to be exercised in the interest of the well-being of the population of the State concerned. [...] Civil society organizations and grassroots movements may wish to enhance the capacity of rights holders to claim their rights at both domestic, regional and international levels by: a) Exploring the use of Article 1(1) of the UN Declaration on the Right to Development in the context of litigation for the purpose of interpreting applicable legally binding obligations.