Human rights based approach to programming
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Human Rights Based Approach to Programming. Part 1: Internationa l, regional and national human rights protection systems. Human rights instruments. ICCPR. ICESCR. CERD. CEDAW. CRC. CAT. UN Charter UDHR HRC. CRPD. CMW. National Protection Systems. Other International Instruments.

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Human Rights Based Approach to Programming

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Human rights based approach to programming

Human Rights Based Approach to Programming


Human rights based approach to programming

Part 1: International, regional and national human rights protection systems


Human rights based approach to programming

Human rights instruments

ICCPR

ICESCR

CERD

CEDAW

CRC

CAT

UN Charter

UDHR

HRC

CRPD

CMW

National

Protection

Systems

Other International Instruments

Regional

Regimes


Human rights based approach to programming

CCA UNDAF Guidelines

More than 80 per cent of Member States have ratified four or more of the eight core international human rights treaties. When governments ratify treaties, every person within the country is entitled to have those human rights respected, protected and fulfilled. The UNCT supports actions that help Member States to fulfill these obligations and reach these goals.


Treaty bodies

Treaty bodies

Treaty bodies monitor and facilitate the implementation of the treaties through:

  • Reviewing State Party reports and additional sources of information

  • Adopting observations and recommendations

  • Adopting General Comments that help define HR Standards contained in the treaty; e.g. right to water, right to education, right to food etc.


National protection system

National protection system

Ensuring sustainable respect for human rights requires:

  • Constitutional and legal framework

  • Effective institutions (parliament, government, judiciary, public administration, human rights institutions)

  • Procedures and processes including effective remedy

  • Policies and programmes, including awareness raising

  • Vibrant civil society and free media


Human rights based approach to programming

Links between national, regional and international protection systems

Global & regional protection are complementary

Global & regional norms require national implementation

Global & regional protection if national remedies have been exhausted

National norms should be consistent with global and regional standards


Human rights based approach to programming

Promotes universal protection

Addresses and prevents violations

Develops international law

Reviews compliance of Member States

Respond to emergencies

International forum for dialogue

Human Rights Council


Universal periodic review

Universal Periodic Review

  • Review the fulfillment of the human rights obligations of all countries

  • All Member States will be reviewed within 4 years (48 States per year)

  • Review will be carried out by “peers” (groups of three Member States)


Upr in arab states http www ohchr org en hrbodies upr pages uprmain aspx

UPR in Arab Stateshttp://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx


Value of international human rights mechanisms in development work

Value of international human rights mechanisms in development work

  • Advocacy tool: Open opportunities to have dialogues around sensitive issues

  • Accountability tool: HR bodies provide transparent mechanisms to monitor government efforts

  • Analytical tool: Help understand underlying and root causes of development problems

  • Programming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)


Check on

Check on…

http://www.ohchr.org/english/countries

…Status of ratification

…Whether a Country’s pledge to the HRC exists

…Recent Treaty Body concluding observations

…Recent State reports to Treaty Bodies

…Recent visits of Special Rapporteurs or statements and communications on the country

…Calendar of upcoming events and SP country visits

www.ohchr.org


Part 2 defining the human rights based approach in programming process

Part 2: Defining the Human Rights Based Approach in Programming Process


Un common understanding on hrba

UN common understanding on HRBA

GOAL

All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments

Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process

Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights

PROCESS

FOCUS


Common understanding on hrba 1

Common understanding on HRBA (1)

GOAL

All programmes of development co-operation should further the realization of human rights as laid down in the UDHR and other international human rights instruments


Programming strengthened by human rights mechanisms

Programming strengthened by Human Rights Mechanisms

Observations by Treaty Bodies, Special Procedures and UPR

→ Analysis of development issues from a HR lens

Recommendations by Treaty Bodies, Special Procedures and UPR

→ Provide tools for UN programming to address problems identified

General comments by Treaty Bodies

→ Identify the precise content of development objectives by clarifying the meaning


Common understanding on hrba 2

Common understanding on HRBA (2)

PROCESS

Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process


Human rights principles

Human rights principles

Equality and non-discrimination

Participation and inclusion

Accountability and the rule of law


The integration of human rights principles and standards into all stages of the programming process

The integration of human rights principles and standards into all stages of the programming process

ASSESSMENT & ANALYSIS

MONITORING AND EVALUATION

PRIORITY SETTING

PROGRAMME PLANNING

AND DESIGN

IMPLEMENTATION


Common understanding on hrba 3

Common understanding on HRBA (3)

FOCUS

Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights


Rights holders and duty bearers

Rights-holders and duty bearers

Rights-holders:

Duty bearers:

  • 6,783,421,727

    (World population est 31/5/2009)

  • Every individual, either a man, woman or child, of any race, ethnic groups of social condition

  • Groups (to some extent)

Much less

Primarily States

In some cases, certain individuals have specific obligations

Individuals and private entities also have generic responsibilities towards the community to respect the rights of others


The role of capacity development

The role of capacity development


Group work

Group Work

At your tables, identify:

  • 1 or 2 opportunities and/or challenges for UN system at country level in using HR instruments/protections systems in the UNDAF process (10 min)


Causality analysis

Causality Analysis


Hrba in programming

HRBA in Programming

UNDAF

Prog/

Project

M&E

Country

Analysis

Reveals the causes of

major development

problems

Identifies patterns of

discrimination,

inequality, and

exclusion

Identifies the capacity

gaps of rights-holders

and duty-bearers

Rights-holders &

accountable

duty-bearers

contribute to the

realization of

human rights

Strengthened

capacity of

rights-holders

and

duty-bearers

Establish

mechanisms for

participation of

rights-holders &

duty bearers

in prog./ project

monitoring


Country analysis

Country Analysis

GATHERING INFORMATION

About development problems from different sources,

including national treaty reports and observations and

recommendations from treaty bodies, UPR, etc.

ASSESSMENT

Shortlist major development problems

for deeper analysis

ANALYSIS

Of root causes &

their linkages


Detailed steps

Detailed Steps

1. CAUSALITY ANALYSIS

Getting to root causes

Legal, Institutional, and policy frameworks

2. ROLE/PATTERN ANALYSIS

3. CAPACITY GAP ANALYSIS


Why a causal analysis

by

three

conditions

Why a causal analysis?

If a problem is caused


Why a causal analysis1

by

three

conditions

must

be

addressed

Why a causal analysis?

If a problem is caused

All three conditions


Problem tree

Problem Tree

Manifestations

effect

Malnutrition &

death

Immediate

causes

Inadequate dietary

intake

Disease

Underlying

causes

Insufficient

food security

Inadequate Maternal

& Child Care

Insufficient health services

& unhealthy environment

Resource Control

+

Organizational structures

Root

causes

Political, Ideological,

Economic structures

cause


Human rights based approach to programming

Immediate Causes

Underlying Causes

Root Causes

Core Problem Area

Gender Discrimination

Problem 1: HIV/AIDS

Problem 2: Girl’s Education

81


Group instructions causal analysis problem tree

Group Instructions:Causal analysis/problem tree

Using the thematic issue from your groups (Economic Development; Governance; Social Service Delivery), formulate a problem statement (10 min)

Discuss and identify the immediate, underlying and root causes and build a problem tree (30 min)


Human rights based approach to programming

Immediate causes

“Direct Effect”

Underlying causes

“Services, Access, Practices”

Basic /structural causes

“Society, Policies, Resources”

Causal analysis: “why?”

Outcomes/Rights not fulfilled


Role pattern capacity gap analysis

Role/Pattern & Capacity Gap Analysis


Human rights based approach to programming

Who in household or family?

Who within the community?

Who among service providers?

Who among policy makers?

International level?

Role analysis:

“who?”

Outcomes/Rights not fulfilled


Human rights based approach to programming

Little knowledge or information

Limited skills

Meager financial or material resources

Lacking recognition of duty

Lacking authority or mandate

Unable to organize oneself and take action

Capacity analysis, Duty Bearers:

“what capacity gaps?”

Outcomes/Rights not fulfilled


Group work role pattern capacity gap analysis

Group Work: Role Pattern & Capacity Gap Analysis

- Select a chain of causes in your problem tree causality analysis.

Based on the selected chain, identify one critical DB or RH, and their expected roles (claims and duties) (10 min)

For the selected Right Holder or Duty Bearer, identify their key capacity gaps (the things that prevent duty bearers from performing their roles and claim holders from claiming their rights) (15 min)

Write them on flipchartsYou have 25 min


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