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Law School. Human Rights versus Human Needs: Debating the Language for Universal Access to Modern Energy Services Manuel Peter S. Solis 3 July 2014 12 th IUCNAEL Colloquium. Human Rights versus Human Needs. Outline of presentation. I. Background II. International perspective

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  1. Law School Human Rights versus Human Needs: Debating the Language for Universal Access to Modern Energy Services Manuel Peter S. Solis 3 July 2014 12th IUCNAEL Colloquium

  2. Human Rights versus Human Needs Outline of presentation I. Background II. International perspective III. Implications of lack of access to modern energy services IV. Importance of language V. The Debate: Rights versus Needs VI. Conclusion

  3. Human Rights versus Human Needs http://environment.nationalgeographic.com/environment/energy/great-energy-challenge/world-electricity-mix/

  4. Human Rights versus Human Needs Issue = 1.3 billion today; 1.2 billion in 2030 85% in rural areas

  5. Human Rights versus Human Needs In Top 20 High Impact Countries 16 million unelectrified people (SEFA, 2013 Global Tracking Framework Report)

  6. Human Rights versus Human Needs From Brundtland to Now Rio + 20 & Int’l Year for SEFA Brundtland Report AGECC WEA MDG 2001 2013 2011 1992 2005 2000 2012 1986 2004 2010 UNCED CSD-9 UN Millennium Project UNSG Vision Statement SEFA UN Decade for SEFA (2014-2024

  7. Human Rights versus Human Needs • Lack of access to modern energy services

  8. Human Rights versus Human Needs • The importance of language • Words can clarify or obscure • Framing of issues • Setting priorities • Operationalising concepts • Reaching a common understanding • Legal response is vital to advancing international and national development agenda and goals. (Adrian Bradbrook, et. al, 2008) • What is the legal response to the challenge?

  9. Human Rights versus Human Needs • Bone of contention • “The modern expansion of government has led to proposals for reinterpreting the Fourteenth Amendment to guarantee the provision of basic services such as education, poor relief, and, presumably, police protection, even if they are not being withheld discriminatorily .... It is enough to note that, as currently understood, the concept of liberty in the Fourteenth Amendment does not include a right to basic services, whether competently provided or otherwise.” (Jackson v City of Joliet, 715 F.2d 1200 (1983), 1203-1204; Emphasis supplied)

  10. Human Rights versus Human Needs The Language of Needs Mark Tushnet, 1984

  11. Human Rights versus Human Needs The Language of Rights Jeremy Waldron, 2000

  12. Human Rights versus Human Needs Proposition • Couch universal access to modern energy services in the language of rights, because: • Consistent with the concept of dignity, subsistence • and equality • Claim not charity • Accountability and empowerment • Catalyse change

  13. Human Rights versus Human Needs QUESTIONS?

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