The human rights-based approach to development: a U.N. system perspective
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The human rights-based approach to development: a U.N. system perspective. BRC/HURIST workshop, Bratislava, 1 October 2004. Questions about a HRBA. What? Why? Who? How?. ‘ What ’ are human rights?. People as. People as. object. s. with. subject. s. with. needs. claims.

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The human rights-based approach to development: a U.N. system perspective

BRC/HURIST workshop,

Bratislava, 1 October 2004


Questions about a hrba
Questions about a HRBA .. system perspective

  • What?

  • Why?

  • Who?

  • How?


system perspectiveWhat’ are human rights?

People as

People as

object

s

with

subject

s

with

needs

claims

Needs only

Rights always

imply

imply

promises

obligations

NEEDS

RIGHTS


What rights? system perspective

Education

Fair trial

Freedom of association

Asylum

Freedom of thought

Freedom from discrimination

Freedom of conscience

Health

Freedom of religion

Vote

Favourable and just work conditions

Shelter

Food

Nationality

Clothing

Life


What obligations
What obligations? system perspective

  • Respect – ‘don’t violate’

  • Protect – make sure others don’t violate

  • Fulfill – facilitate, or if necessary, provide directly

  • Source: human rights treaties, national law


What obligations?.. right to health system perspective

  • Availability, accessibility, acceptability

  • Respect: cost exemptions for poorest; don’t withhold HIV anti-retroviral

  • Protect: regulating service providers

  • Fulfill: progressively realise the right

  • Non-discrimination

  • Process: participation, transparency, monitoring progressive realisation, and mechanisms for redress


Rights-holders & duty bearers system perspective

WOMEN OF ETHNIC MINORITY ‘A’

RIGHT TO HEALTH

Entitlement

Rights-holders

Highest attainable standard of health

Accountability

Duty-bearers

Non-discriminatory and enabling laws, policies

Resource allocation

Special measures for the

disadvantaged

Information, transparency, redress

Ministries re health, housing, education, finance

Parliamentarians

Local authorities/health

services; judiciary

International actors


What is a hrba
What is a HRBA? system perspective

  • Development furthers human rights as defined in international standards

  • Human rights standards, principles, guide development cooperation and UNCT programming in all sectors and phases

  • UNCT programming contributes to the development of capacities of:

    • ‘duty bearers’ to meet their obligations

    • ‘rights-holders’ to claim their rights


What capacities
What ‘capacities’? system perspective

  • Authority: the ‘may’; human rights obligations defined in laws, policies (int’l standards); no overlap in duties, duplication, ambiguity

  • Responsibility: the ‘should’; acceptance of duty, motivation, commitment (moral, legal basis); incentives and sanctions, checks and balances

  • Resources: the ‘can’; human (knowledge, qualification and competencies),financial resources, institutions; organisational

  • Also: communications capacities


What ‘capacities’, contd.. system perspective

  • information, education

  • participation

  • organisation

  • monitoring

  • access to remedies

  • (administrative, judicial)

  • laws

  • policies

  • services

  • data, monitoring

  • remedies

fulfill duties

CSO

claim rights

Capacity building

duty bearers

rights holders

Information, participation, organisation, monitoring

advocacy

technical assistance

laws and policies,

service delivery

UN-CT support


HRBA system perspectivereinforces, not replaces, ‘good programming’

  • Participation

  • Empowering strategies

  • Outcomes are as important as processes

  • Locally owned development

  • Reduce disparity and avoid retrogression

  • Analysis of root causes

  • Accountability and monitoring


Why a hrba
Why system perspective a HRBA?

  • Legal and policy reasons: ‘must’

  • Instrumental reasons: ‘should’


The must law and policy
The ‘must’: law and policy system perspective

  • UN Charter (Article 1), Staff Rules

  • International law: obligation to ‘respect’ (e.g. IBRD Operational Policies; IFC)

  • S-G’s reform 1997: ‘mainstreaming’

  • S-G’s reform 2002: ‘Action 2’

  • UNDG guidelines: CCA/UNDAF, PRSPs

  • Agencies’ policies and guidelines


‘Action 2’ of S-G’s 2002 reforms system perspective

  • In order to support Member States in achieving their Millennium Declaration goals:

  • Action 2: ‘The UN High Commissioner for Human Rights will develop and implement a plan, in cooperation with UNDG and ECHA, to strengthen human rights-related UN actions at country level.’


‘Action 2’ of S-G’s 2002 reforms system perspective

  • Human rights ‘bedrock requirement’ and collective responsibility of UN system

  • UNDG Action Plan: strengthen ‘national human rights promotion and protection systems:’ laws, institutions, policies, info/education, redress

  • 3-year implementation strategy for more cooperative and effective UN support: UNCTs

  • CCAs, UNDAFs ‘systematically integrate’ human rights (PRSPs, MDGR: promotion of hrs)


The should better programming
The ‘should’: better programming system perspective

  • Enhanced accountability and empowerment

  • Non-discrimination and equality: reaching the excluded

  • Analysing root causes of problems

  • Minimising ‘elite capture’

  • Minimising risk of violent conflict

  • Greater sustainability

  • Equal relevance of all human rights: CPR, ESCR: integrated approaches to root causes of problems

  • Empirical and policy research: ERR, aid, governance


Who is doing it
Who system perspective is doing it?

  • UN system

  • Bilaterals

  • NGOs: Care, Save the Children, ActionAid, WaterAid

  • Multilateral Development Banks? IDB, IDA/IBRD, IFC


Examples in CCAs system perspective

  • Serbia and Montenegro CCA: duty-bearer, root cause ID’n; claim-holders: data disaggregation, information, organisation, advocacy, redress; clear linkages to human rights and MDG standards

  • Zambia CCA: rights-based analysis including traditional customs v. women’s rights to land; ESCR; UNCT role in monitoring ‘progressive realisation’ of the right to education (budget % GDP)

  • Angola CCA identified where government fell short of its obligations under human rights law


Risks and challenges system perspective

  • Entrenched power structures

  • Good-looking documents v. static reality

  • Rhetorical, cosmetic change: ‘rights lite’

  • How to assess impacts and results, including qualitative, long-term changes? E.g. girls’ education

  • Relevance of empirical evidence

  • Incentives and disincentives in UN


How a short checklist see p 12 hurist guidelines p 42 cca undaf guidelines
How system perspective? A short checklist(see p.12 HURIST Guidelines; p.42 CCA/UNDAF Guidelines)

  • What human rights issues are involved? (treaties, laws, expert recommendations)

  • What groups are particularly vulnerable or disadvantaged? (right-holders; disaggregate data)

  • Who must respond? (duty-bearers)

  • What ‘capacities’ are necessary to help right-holders claim their rights, and duty-bearers fulfill their duties?


How specifically
How, system perspectivespecifically?

  • Entry points and strategies depend upon agency mandate and national context (e.g. UNICEF in different regions)

Illustrations

HURIST Programme reviews;

FAQ, p.18: Urban Governance Initiative, Citizen Report Card

RMAP (Bosnia);

Asia Pacific ‘Rights and Justice’ sub-practice


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