El derecho a la felicidadproducto interior bruto vs. índices de felicidad

Abstract

The research is divided into three sections. The first one is called, The Right to Happiness as a Constitutional Right. The second one is entitled The Limits of Gross Domestic Product. Finally, the third one is related to Happiness Indices. The main objectives of this research are also three, and they correspond to each one of the sections. First, to determine whether there is or there has been throughout history, what might be called as a right to happiness, and if that right has been recognized in the Constitutions of some nation. Second, to verify if the Gross Domestic Product, which has become since its creation in the main indicator of the level of development and material welfare of a country, has its limitations and shortcomings, and if it is the best option to measure progress and welfare of our societies. Also, to find out if any international organization and/or commission, have pronounced about it with resolutions or recommendations, in order to study them. Third, and finally, to determine if new rates and additional indicators of Gross Domestic Product are needed and whether have been created what we call as "indices of happiness" from an international perspective, especially by relevant international organizations, in order to analyze them, with the Gross National Happiness of Bhutan, a pioneering nationwide. We have used as main methodology, the content analysis of these constitutional provisions, and of these recommendations and resolutions by international organizations; and the comparative analysis of the results that have been obtained with the happiness indices analyzed. All this has meant, taking into account the complexity of this investigation and its objectives, the implementation of a qualitative methodology with a comprehensive study of the policy framework, and a bibliographic and theoretical analysis, during the first and second part of this research. In the third part of the investigation has been carried out a descriptive and comparative analysis of the results obtained in the different happiness indices studied. In the first section, The Right to Happiness as a Constitutional Right, we reviewed the Constitutions and certain statements, which have recognized the right to happiness, or at least the right to the pursuit of happiness. In the second section, The Limits of Gross Domestic Product, we confirm that there is a current and international movement, that criticizes the use of Gross Domestic Product as the only one measure of progress and development of countries, such as have been indicated by the relevant Commission on the Measurement of Economic Performance and Social Progress; the Global Project on Measuring the Progress of Societies, of the Organisation for Economic Co-operation and Development (OECD); the Resolution in 2011 of the European Parliament entitled Beyond GDP - Measuring progress in a changing world; and the Resolution 65/309 of the United Nations General Assembly the same year, called Happiness: towards a holistic approach to development. All of them believe in the need to introduce new indexes and indicators to complement Gross Domestic Product as a measure of development and welfare of nations, and that happiness should play an important role. Finally, in the third section, we analyze the three indices of happiness at international level that we consider most relevant today. These are the Human Development Index of the United Nations Development Program (UNDP), the World Happiness Report of the Sustainable Development Solutions Network United Nations (SDSN) and the Better Life Index of the Organisation for Economic Co-operation and Development (OECD). Also, we proceed to analyze a happiness nationwide index, the Gross National Happiness of Bhutan. Regarding the main conclusions, we can say that, despite of the fact that they are two very different concepts, we can find a relationship between Law and Happiness. In fact, the right to happiness, to subjective well-being or at least the right to pursuit of the happiness, has been throughout the ages, and still is in some States, a right recognized in the Constitutions of different countries, although it is true that they are a minority. On the other hand, there are several factors that show us that we need to rethink about current measurement instruments of development and progress, especially the Gross Domestic Product, which cannot be used as the only one measure in order to determine the well-being of a nation. Therefore, the measurement of welfare should be complemented by different studies and indexes related to happiness as a new holistic approach to development. Also, in a public level and in relation to the first conclusion, if happiness is the last goal of any government, happiness indices should help the rulers of nations in order to direct their policies towards the happiness, if what they want is that their citizens were as happy as possible. Finally, we have reached different conclusions related to the results of the indices of happiness analyzed.