RIGHT TO DEVELOPMENT-AN ANALYSIS OF 4TH GENERATION OF HUMAN RIGHT

INTRODUCTION
The 4th generation of human rights are a newer set of human rights that recognize the impact of
technological advancement and globalization on human rights. The fourth generation of human
rights is often referred to as the "rights of solidarity" or "collective rights." Unlike the previous
generations of human rights, which focused primarily on individual rights, the fourth generation
emphasizes the importance of collective rights and responsibilities. These rights are focused on
addressing issues such as environmental degradation, poverty, social justice, and the right to
development.

The development of the fourth generation of human rights is rooted in the principles of
international cooperation and solidarity. It recognizes that in order to effectively address issues
such as poverty and inequality, it is necessary to work together on a global scale. The fourth
generation of human rights also recognizes the importance of protecting the rights of future
generations, and it emphasizes the need to ensure that our actions today do not compromise
the well-being of future generations.
The concept of the fourth generation of human rights emerged as a response
to the changing global context and evolving understanding of human rights.
It reflects the recognition that traditional conceptions of human rights,
focused primarily on civil and political rights (first generation) and economic,
social, and cultural rights (second generation), were not sufficient to address
the complex challenges of the modern world.

The development of the fourth generation of human rights can be attributed

to several factors:

1. Globalization and Interconnectedness: The increasing interconnectedness of

nations and societies brought attention to global challenges that required
collective action and a broader understanding of human rights. Issues such
as environmental degradation, climate change, and transnational threats
highlighted the need to consider collective and interconnected rights.
2. Recognition of Collective Rights: The growing awareness of the importance
of collective rights, such as the rights of indigenous peoples, cultural rights,
and the rights of marginalized communities, contributed to the expansion of
human rights discourse beyond individualistic rights.
3. Sustainable Development Agenda: The adoption of sustainable development
goals and the recognition of the interdependence between social, economic,
and environmental aspects of human well-being necessitated a
comprehensive approach to human rights that incorporated environmental
rights and the right to development.
4. Evolving Human Rights Frameworks: International human rights instruments
and institutions have evolved over time, incorporating emerging issues and
expanding the scope of human rights. This evolution has paved the way for
the inclusion of fourth-generation rights within the broader human rights
framework.

The fourth generation of human rights is a product of ongoing dialogue,

academic discussions, and advocacy efforts by scholars, activists, and
organizations seeking to address the gaps in the traditional understanding of
human rights. It continues to evolve as societies grapple with new challenges
and strive to promote justice, equality, and sustainable development for all.
CONCEPT
The fourth generation of human rights is a relatively new concept that
expands upon the previous generations of human rights by emphasizing the
importance of collective rights and responsibilities. It recognizes that many
of the challenges faced by society today, such as poverty, environmental
degradation, and social injustice, cannot be addressed through individual
rights alone, but require a collective effort to promote the well-being of all
individuals and future generations.

The fourth generation of human rights encompasses a range of rights,

including the right to a healthy environment, the right to sustainable
development, the right to peace, the right to cultural identity, and the right
to humanitarian assistance in times of crisis. These rights are interconnected
and interdependent, and require cooperation and solidarity among
individuals, communities, and nations to achieve the concept of the fourth
generation of human rights is rooted in the principles of international
cooperation and solidarity, and is often associated with the United Nations'
Sustainable Development2 Goals (SDGs), which aim to promote sustainable
development and address global challenges such as poverty, inequality, and
climate change. The SDGs recognize the importance of collective action and
responsibility in achieving these goals, and emphasize the need for
partnerships between governments, civil society, and the private sector to
make progress towards them.

The fourth generation of human rights also recognizes the importance of

protecting the rights of future generations, and emphasizes the need to
ensure that our actions today do not compromise the well-being of future
generations. This requires a long-term perspective and a commitment to
sustainable development that balances economic, social, and environmental
considerations.

In simple words, the fourth generation of human rights represents a new

approach to human rights that emphasizes collective rights and
responsibilities, and recognizes the interconnectedness of global challenges
and the need for international cooperation to address them .

RIGHT TO DEVELOPMENT-AN ANALYSIS OF 4TH

GENERATION OF HUMAN RIGHTS

The right to development is a key aspect of the fourth generation of human rights, and it
reflects a recognition that economic and social development are essential components of
human well-being and dignity. The right to development is rooted in the idea that all individuals
and communities have the right to participate in and benefit from economic and social
progress, and that this right should be supported by national and international policies and
programs.
The concept of the right to development was first introduced in the Declaration on the Right to
Development, which was adopted by the United Nations General Assembly in 1986. The
Declaration defines the right to development as "an inalienable human right by virtue of which
every human person and all peoples are entitled to participate in, contribute to, and enjoy
economic, social, cultural and political development, in which all human rights and fundamental
freedoms can be fully realized."
The right to development is closely related to other fourth-generation rights, such as the right
to a healthy and sustainable environment, the right to social justice, and the right to cultural
identity. These rights are interconnected and mutually reinforcing, and they reflect a holistic
and collective understanding of human well-being.
One of the key challenges in implementing the right to development is ensuring that
development is inclusive and equitable, and that the benefits of economic and social progress
are shared by all members of society, particularly marginalized and disadvantaged groups. This
requires policies and programs that address structural inequalities and discrimination, and that
promote social and economic inclusion.
Another challenge is ensuring that development is sustainable and does not come at the
expense of the environment or future generations. This requires a shift towards more
sustainable and environmentally friendly development models, as well as policies and programs
that promote the conservation and protection of natural resources.
In conclusion, the right to development is a crucial aspect of the fourth generation of human
rights, and it reflects a recognition that economic and social development are essential
components of human well-being and dignity. The implementation of the right to development
requires policies and programs that are inclusive, equitable, and sustainable, and that promote
the full realization of all human rights and fundamental freedoms.

DEVELOPMENT OF 4TH GENERATION HUMAN RIGHTS IN

INDIA

India has been a leading advocate for the fourth generation of human rights, particularly in the
areas of sustainable development, environmental protection, and social justice. The Indian
Constitution, adopted in 1950, enshrines a range of fundamental rights that have evolved over
time, reflecting changing social and political realities.
In recent years, India has made significant progress towards achieving the Sustainable
Development Goals (SDGs), which are a key component of the fourth generation of human
rights. The Indian government has launched several initiatives to promote sustainable
development and address issues such as poverty, inequality, and climate change. These
initiatives include the Swachh Bharat Mission, which aims to improve sanitation and hygiene
across the country, and the Pradhan Mantri Jan Dhan Yojana, which provides access to financial
services for low-income households.
India has also been at the forefront of efforts to address environmental degradation and
promote sustainable development. The country has launched several programs to promote
renewable energy, such as the National Solar Mission, which aims to generate 100 GW of solar
power by 2022. India has also taken steps to address air pollution, including the introduction of
the National Clean Air Program.
In addition to sustainable development and environmental protection, India has also made
progress towards promoting social justice and collective rights. The country has introduced
several initiatives to promote gender equality, including the Beti Bachao Beti Padhao program,
which aims to improve the status of girls and women in India. India has also introduced
measures to promote the rights of marginalized communities, such as the Scheduled Castes and
Scheduled Tribes.
However, despite these efforts, India still faces significant challenges in promoting the fourth
generation of human rights. Poverty, inequality, and social injustice remain major issues,
particularly in rural areas. Additionally, India's environmental policies are often criticized for
being insufficient to address the scale of the country's environmental challenges.
In conclusion, India has made significant progress towards promoting the fourth generation of
human rights, particularly in the areas of sustainable development, environmental protection,
and social justice. However, there is still much work to be done to address the challenges facing
the country, and to ensure that the benefits of sustainable development are shared by all.

TYPES OF RIGHTS IN 4TH GENERATION

The fourth generation of human rights is sometimes referred to as collective or solidarity rights.
These rights are distinct from the individualistic rights that are traditionally associated with
earlier generations of human rights.4
There is no universal agreement on the exact list of rights that fall within the fourth generation,
but some commonly recognized types of rights in the fourth generation include:
 The right to a healthy and sustainable environment: This includes the right to clean air
and water, as well as the right to live in a healthy and sustainable environment that
supports human well-being.
 The right to development: This refers to the right of individuals and communities to
participate in and benefit from economic and social development, and to have access to
the resources necessary to achieve their full potential.
 The right to peace: This includes the right to live in a peaceful and secure environment,
free from conflict and violence.
 The right to humanitarian assistance: This includes the right of individuals and
communities to receive assistance in times of crisis, such as during natural disasters or
armed conflicts.
 The right to cultural identity: This refers to the right of individuals and communities to
preserve and express their cultural heritage and identity, including their languages,
customs, and traditions.
 The right to social justice: This includes the right to equal opportunities, social welfare,
and the elimination of discrimination, exploitation, and poverty.
These rights are often interconnected and mutually reinforcing, and they reflect a shift towards
a more holistic and collective understanding of human rights that takes into account the social,
economic, and environmental dimensions of human well-being.

WHAT IS THE IMPORTANCE OF THESE RIGHTS ?

The fourth generation of human rights is crucially important in the context of
development, as it recognizes that economic and social development are
essential components of human well-being and dignity. The fourth
generation of human rights includes a range of rights that are
interdependent, indivisible, and interconnected, and that reflect a more
holistic and collective understanding of human well-being.
 The right to development, for example, is a key aspect of the fourth
generation of human rights, and it reflects a recognition that all individuals
and communities have the right to participate in and benefit from economic
and social progress. This right emphasizes the importance of inclusive,
equitable, and sustainable development, and it highlights the need for
policies and programs that address structural inequalities and discrimination,
and that promote social and economic inclusion. 3

Other rights included in the fourth generation of human rights, such as the
right to a healthy and sustainable environment and the right to cultural
identity, also play important roles in promoting and supporting development.
A healthy and sustainable environment, for example, is a precondition for
economic and social development, while cultural identity is an important
factor in shaping the social and economic well-being of individuals and
communities.

Overall, the fourth generation of human rights is important in development

because it provides a more comprehensive and integrated framework for
understanding and promoting human well-being. By recognizing the
interdependence and interconnectedness of different aspects of human
rights, the fourth generation of human rights highlights the need for policies
and programs that address the underlying structural factors that contribute
to poverty, inequality, and marginalization, and that promote inclusive and
sustainable development.

MOTIVE:

The main motive of the fourth generation of human rights is to broaden the scope of human
rights discourse and address emerging challenges in the modern world. It seeks to go beyond the
traditional focus on individual rights and encompass collective rights, environmental rights, and
rights related to sustainable development and peace. The fourth generation of human rights
recognizes the interconnectedness of human rights with other societal issues and emphasizes the
need for a holistic and integrated approach to promoting human dignity and well-being.

The primary motives of the fourth generation of human rights can be summarized as follows:

1. Holistic Approach: The fourth generation of human rights aims to adopt a more comprehensive
and holistic approach to human rights by recognizing the interdependence of civil, political,
economic, social, cultural, environmental, and developmental rights. It emphasizes the need to
address the full range of human rights to achieve a just and sustainable society.
2. Sustainable Development: One of the key motives of the fourth generation of human rights is to
integrate sustainable development principles and practices into the human rights framework. It
 recognizes the importance of balancing social, economic, and environmental dimensions to
ensure the well-being of current and future generations.
3. Collective Rights: The fourth generation of human rights places a strong emphasis on collective
rights, including the rights of indigenous peoples, cultural rights, and the rights of marginalized
communities. It acknowledges that the well-being and dignity of individuals are closely linked to
the well-being of their communities and cultural identities.
4. Addressing Global Challenges: The fourth generation of human rights aims to address emerging
global challenges, such as climate change, environmental degradation, transnational threats, and
the impacts of globalization. It recognizes the need for collective action, international
cooperation, and shared responsibility to effectively address these complex issues.
5. Peace and Security: Another motive of the fourth generation of human rights is to promote the
right to peace and address the root causes of conflicts and violence. It highlights the importance
of peacebuilding, conflict resolution, and disarmament in ensuring human rights and sustainable
development.

In summary, the main motive of the fourth generation of human rights is to broaden the
understanding of human rights, encompassing a comprehensive and interconnected set of rights
that address the complex challenges of the modern world and promote justice, equality,
sustainable development, and peace.

Advantages of Fourth Generation Human Rights:5

1. Addressing Emerging Issues: The fourth generation of human rights recognizes and addresses
emerging global challenges, such as environmental degradation, sustainable development, and
digital rights. By acknowledging these issues, it promotes a more comprehensive and relevant
approach to protecting human dignity and well-being.
2. Collective Approach: Fourth-generation human rights emphasize collective or solidarity rights,
which promote the well-being of communities and future generations. This approach recognizes
the interconnectedness of individuals within societies and fosters a sense of shared responsibility
for social, economic, and environmental justice.
3. Future-oriented: The fourth generation takes a future-oriented perspective, recognizing the
importance of protecting the rights of future generations. By considering the long-term
implications of present actions, it aims to prevent harm and ensure intergenerational equity.
4. Holistic Perspective: Fourth-generation human rights broaden the traditional focus on civil and
political rights by incorporating social, economic, and environmental dimensions. This holistic
perspective acknowledges that human rights cannot be fully realized without addressing these
interconnected aspects of human well-being.

Disadvantages of Fourth Generation Human Rights:6

1. Lack of Consensus: The categorization of human rights into different generations is not
universally accepted, and there is no global consensus on the precise definition and scope of the
fourth generation. This lack of agreement can lead to confusion and hinder effective
implementation and enforcement of these rights.
2. Balancing Individual and Collective Rights: While the collective approach of fourth-generation
human rights is important, there can be challenges in balancing them with individual rights.
Protecting collective rights should not come at the expense of individual autonomy, freedom, and
dignity.
3. Implementation Challenges: Implementing and enforcing fourth-generation human rights can be
complex due to the wide-ranging and interrelated nature of the issues they address. It requires
collaboration among governments, international organizations, civil society, and other
stakeholders, which can be challenging to achieve in practice.
4. Prioritization and Resource Allocation: As the scope of human rights expands, there is a need to
prioritize and allocate resources effectively. Fourth-generation rights often require significant
financial and institutional investments, and the challenge lies in ensuring that resources are
allocated in a balanced and equitable manner.

It is important to note that these advantages and disadvantages are subjective and open to
interpretation, and different perspectives may exist regarding the significance and
implementation of fourth-generation human rights.

1. Human Rights in India: Historical, Social, and Political Perspectives" by B.S. Chimni.
2. "Human Rights Law in India: Protection and Implementation of the Human Rights Act" by Sandeepa Bhat B.
3. "Human Rights in India: Problems and Prospects" by Urmila Sharma
4. "Human Rights in India: Law, Policy, and Social Movements" edited by Sabyasachi Basu Ray Chaudhury
and Ronald B. Inden.
5. "The Fourth Generation: Revisiting the Laws of Humanitarian Relief for Non-International Armed Conflicts"
by Marco Sassòli
6. "Human Rights and the Environment: Legality, Indivisibility, Dignity, and Geography" by Anna Grear and
Louis J. Ko

7. CASE LAWS:

Urgenda Foundation v. The State of the Netherlands

One notable case is the 2015 decision of the Supreme Court of the Netherlands in the Urgenda
Foundation v. The State of the Netherlands case. In this case, the Urgenda Foundation, a Dutch
environmental organization, brought a lawsuit against the Dutch government, arguing that it
was failing to take sufficient action to address climate change. The court ruled in favor of
Urgenda, finding that the Dutch government had a legal obligation to reduce greenhouse gas
emissions to protect the rights of its citizens, including the right to a safe and healthy
environment.

Sarayaku v. Ecuador
Another relevant case is the 2017 decision of the Inter-American Court of Human Rights in the
Kichwa Indigenous People of Sarayaku v. Ecuador case. In this case, the Kichwa indigenous
community in Ecuador brought a lawsuit against the government, alleging that it had violated
their collective rights by granting oil concessions on their ancestral lands without their consent.
The court ruled in favor of the Kichwa people, finding that the government had failed to
adequately consult with them and that the oil concessions had violated their rights to cultural
identity and a healthy environment.
In addition to these cases, there are several other legal challenges and lawsuits that are
addressing issues related to the fourth generation of human rights, such as the right to
sustainable development, environmental protection, and social justice. These cases highlight
the growing recognition of the importance of collective rights and responsibilities in the
promotion and protection of human rights.

CONCLUSION
The fourth generation of human rights represents a shift towards a more holistic and collective
understanding of human well-being that takes into account the social, economic, and
environmental dimensions of human rights. These rights are interdependent, indivisible, and
interconnected, and they reflect a recognition that individualistic rights are not sufficient to
ensure human dignity and well-being.
The fourth generation of human rights includes rights such as the right to a healthy and
sustainable environment, the right to development, the right to peace, the right to
humanitarian assistance, the right to cultural identity, and the right to social justice. These
rights are not only important for individuals, but also for the collective well-being of
communities and societies as a whole.
The implementation of the fourth generation of human rights presents many challenges,
including the need for inclusive, equitable, and sustainable development, the promotion of
environmental protection and conservation, the elimination of discrimination and inequality,
and the promotion of social justice and human dignity.
Overall, the fourth generation of human rights represents an important evolution in the way we
think about human rights, and it highlights the need for a more comprehensive and integrated
approach to promoting and protecting human dignity and well-being.

. REFERENCES:
 1. Houtart, F. (2003). The fourth generation of human rights. Development, 46(1), 57-62.
2. Padmanabhan, V. (2016). Environmental human rights in the fourth generation: A critical
review. International Journal of Law and Policy Review, 5(2), 56-77.
3. Gupta, A. K. (2018). Human Rights: Concept, Law and Practice in India. PHI Learning Private
Limited.
4. Pandey, A. (2019). Human Rights in India: Historical, Social, Economic, Political, and Legal
Perspectives. Sage Publications.
5. Sarabhai, S. (2018). Human Rights in India: Theoretical Issues and Concerns. Routledge.
6. "The Fourth Generation of Human Rights: From Protection to Empowerment" by Michael
Langford in the Human Rights Quarterly: https://www.jstor.org/stable/20069896
7. "Human Rights Law in India" by Menaka Guruswamy and Bijal Choudhary:
https://global.oup.com/academic/product/human-rights-law-in-india-9780198098539?
cc=us&lang=en&
8. "Human Rights in India" on the website of the National Human Rights Commission:
https://nhrc.nic.in/human-rights-india
9. "Human Rights and Social Justice in India: Challenges and Issues" edited by Archana Jha:
https://www.springer.com/gp/book/9789811045112
10. "Human Rights in India: Historical, Social, Economic, Political, and Legal Perspectives" by Avinash
Pandey: https://us.sagepub.com/en-us/nam/human-rights-in-india/book260473
11. "The Fourth Generation of Human Rights: From Protection to Empowerment" by Michael
Langford in the Human Rights Quarterly: https://www.jstor.org/stable/20069896
12. "Human Rights Law in India" by Menaka Guruswamy and Bijal Choudhary:
https://global.oup.com/academic/product/human-rights-law-in-india-9780198098539?
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13 United Nations. (2015). Transforming our world: The 2030 Agenda for Sustainable Development.
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ACKNOWLEDGEMENT
I wish to extend my sincere gratitude to my seminar guide, MS. Susree Sinha mam for her
valuable guidance and encouragement which has been absolutely helpful in successful
completion of this seminar paper.

I’m also grateful to my others professors for their valuable support and suggestions about this
topic.
Last but not the least I’m also thankful to my friends and parents who help directly or indirectly
to develop this seminar paper and complete it successfully.

PREFACE

I am delighted to present this college seminar project titled "4 TH GENERATION

OF HUMAN RIGHTS." This project has been an exciting journey of exploration,
learning, and academic growth. It has been the culmination of months of
dedicated effort and a valuable opportunity for me to delve into the subject
matter that has captivated my interest.

While the scope of this project is extensive, I have focused on development

of 4th generation of human rights. This allowed me to delve deep into the
subject matter and provide a comprehensive understanding the topic. To
conduct this project, I employed a combination of primary and secondary
research methodologies

I would like to express my heartfelt gratitude to my teachers. Their guidance,

support, and encouragement played a significant role in shaping this project.
Their expertise and valuable insights provided the necessary direction and
inspiration throughout this journey.

Lastly, I would like to thank my college “law college Durgapur and KNU
university for providing me with the necessary resources, academic
environment, and platform to pursue this project. The opportunities and
guidance provided by the institution have been instrumental in shaping my
educational journey.

I hope that this project contributes to the existing knowledge and serves as a
valuable resource for fellow students, researchers, and enthusiasts in the
field. It is my sincere wish that the efforts invested in this project prove to be
insightful, thought-provoking, and beneficial to its readers.

CONTENTS
1. Introduction
2. Concept
3. Right to development
4. Development of 4th generation human rights in India
5. Types of rights
6. Importance of 4th generation of human rights
7. Motive
8. Advantages & Disadvantages
9. Case laws