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Economic, Social, and Cultural Rights in Action$
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Mashood Baderin and Robert McCorquodale

Print publication date: 2007

Print ISBN-13: 9780199217908

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199217908.001.0001

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The Right to Development as Applied in National Law

The Right to Development as Applied in National Law

(p.417) 16 The Right to Development as Applied in National Law
Economic, Social, and Cultural Rights in Action

Jane Ansah

Oxford University Press

This chapter examines the legal status of the right to development in international law and its inclusion as an ESC right. This is applied to the particular national example of Malawi, which has the right to development protected by its Constitution. It is shown that the main obstacle for the realization of the right to development within states is the lack of equitable policies and programmes for distribution and redistribution of resources, which, if remedied, should result into the elimination of power inequalities.

Keywords:   human rights, international law, ESC right, national development, Malawi

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