Which "Self"? Race And Gender In The Right To Self-Determination As A Prerequisite To The Right To Development

This article critically analyzes the structure and processes of human rights law as it pertains to the protection of collective rights. The author argues that the right to development, which is a group right, is not sufficiently flexible to include the relational aspect of identities, namely the discrimination faced by individuals who exist at the intersection of race and gender. The author posits that the persistence of discrimination on both of these fronts shows that the international human rights regime is not structured to provide relief for women of colour. The author reviews doctrinal inconsistencies between the right to development and the right to self-determination. She argues that the strict categorization of individual rights and collective rights in human rights discourse, creates problems in the effective protection of individuals within groups, as these categories do not account for the relational aspect of human existence. The author's premise is supported by the fact that race and gender issues are frequently treated separately in human rights discourse. The author concludes that recognition of the "self" should be fundamental in implementing the right to development and in broadening human rights in general.