ABSTRACT
Some broad justifications for a principle of participation underlying human rights law are considered in Chapter 3. The chapter draws from human rights theory to argue that the word “right” entails a degree of autonomy, and where State policies are directed at achieving rights for communities and groups, that their autonomy can best be achieved collectively through participation. The various clauses within human rights treaties that establish State obligations should be interpreted to mandate any process that is important for the rights to be realised in practice, and participation is one of these. A right to participate in development is established in some treaties and is proclaimed in the Declaration on the Right to Development. Development is understood as a process through which human rights are fulfilled, so there is a right to participate in these processes. Finally, human rights may be restricted to the extent necessary in a democratic society. The democratic society that is thus protected may extend beyond an elective democracy to a deliberative or participatory democracy, entailing some citizen input into the process whereby rights are restricted.
