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Human Rights-Based Approach to Programming - UNFPA -. SESSION 3: Key Elements of a HRBA. Session Overview. Definition of a HRBA Definition and practical application of key human rights principles and human rights standards

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Human rights based approach to programming unfpa l.jpg

Human Rights-Based Approach to Programming- UNFPA -

SESSION 3:

Key Elements of a HRBA


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Session Overview

  • Definition of a HRBA

  • Definition and practical application of key human rights principles and human rights standards

  • Discussion of HRBA benefits, challenges, myths/misconceptions, and limitations

  • Overview of UN programming cycle

  • Walk through a HRBA to

    • situation assessment and analysis

    • programme planning and design

    • implementation

    • monitoring and evaluation


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What is a Human Rights-Based Approach?

  • Conscious and systematic integration of human rights and human rights principles in all aspects of programming work



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A HRBA…

  • Emphasizes processes and outcomes

  • Draws attention to marginalized populations

  • Works towards equitable service delivery

  • Extends and deepens participation

  • Ensures local ownership of development processes

  • Strengthens accountability of all actors


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The UN Common Understanding on the HRBA

GOAL

  • All programmes of development cooperation, 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 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

OUTCOME

Action 2 slide


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All programmes of development cooperation should further the realization of human rights as laid down in the UDHR and other international human rights instruments.

GOAL

  • The realization of human rights is the ultimate goal of all development programmes

  • HRBA influences the identification of UN strategic priorities

  • Programming is informed by the recommendations of international HR bodies and mechanisms

Action 2 Slide


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Programming realization of human rights as laid down in the UDHR and other international human rights instruments.Informed by Human Rights Mechanisms

TBs & SPs observations:

  • Analysis of development issues from a HR lens

    TBs & SPs recommendations:

  • Are tools for UN programming to address problems identified

    TBs general comments:

  • Identifies the precise content of development objectives by clarifying the meaning of rights.

Action 2 Slide


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PROCESS realization of human rights as laid down in the UDHR and other international human rights instruments.

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

  • HR standards and principles improve the quality of outcomes and processes

  • HR standards delineate the ‘playing field’ in which development takes place

  • HR principles provide the ‘playing rules’ for the development process

Action 2 Slide


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…The integration of human rights principles and standards realization of human rights as laid down in the UDHR and other international human rights instruments.into all stages of the programming process…

ASSESSMENT & ANALYSIS

MONITORING AND EVALUATION

PRIORITY SETTING

PROGRAMME PLANNING

AND DESIGN

IMPLEMENTATION

Action 2 Slide


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Human realization of human rights as laid down in the UDHR and other international human rights instruments.RightsStandards

The minimum normative content of the right: The type of claims and obligations that the right implies at the minimum in practice

In programming, the standards guide the:

  • identification of development challenges as human rights issues (assessment)

  • analysis of roles and capacities of rights-holders and duty-bearers

  • definition of development objectives

  • formulation of corresponding benchmarks and indicators

Action 2 Slide


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Example of Human Rights Standards…the 3AQ realization of human rights as laid down in the UDHR and other international human rights instruments.

  • ICESCR General Comment 14 − minimum core obligations of the right to health:

    • ensuring that health facilities, goods, and services are available, accessible, acceptable and of high quality

    • ensuring reproductive, maternal (pre-natal as well as post-natal) and child health care

    • providing education and information on health problems and the methods of prevention and control

    • ensuring the ‘underlying determinants of health’ are met, e.g., access to clean water, food and shelter


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The 3AQ is important for UNFPA’s work… realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Under the right to health, international human rights standards indicate that States are obliged to ensure that public health services, as well as medicines and health care staff:

    • are made available to all

    • are acceptable to all

    • are accessible to all

    • are high quality, where the skills of the health personnel, the medicines available and the equipment used should be of a consistent standard for all


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Human Rights Principles realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Universality and inalienability

  • Indivisibility

  • Interdependence and Interrelatedness

  • Equality and non-discrimination

  • Participation and inclusion

  • Accountability and Rule of Law


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Principles of Universality and Inalienability realization of human rights as laid down in the UDHR and other international human rights instruments.

Implications for national HR protection systems

Public policies and programmes should have:

  • disaggregated data to identify difficult cases of exclusion and marginalization

  • specific strategies in response to this caseload, e.g., polio vaccination campaigns

HR principle of universality requires:

That no one is left out or excluded from human rights

Action 2 Slide


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Principle of Indivisibility realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Indivisibility: One right cannot, ultimately, be separated from all other rights.

  • What this means:

    • Are all rights being promoted equally? For example, are civil and political rights being promoted to the detriment of economic, social and cultural rights?


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Principles of Interdependence and Interrelatedness realization of human rights as laid down in the UDHR and other international human rights instruments.

Implications for national protection systems

Legal frameworks:

  • Should not privilege the protection of certain rights to the detriment of others

    Public policies should:

  • Be based on holistic analysis of development problems and provide integral and multisectoral responses

    State institutions:

  • Ensure inter-institutional and multisectoral coordination

  • Include those institutions in charge of protection, monitoring and accountability

HR principles of interdependence and interrelatedness require:

Equal recognition and protection of rights

Action 2 Slide


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Principles of Equality and Non-discrimination realization of human rights as laid down in the UDHR and other international human rights instruments.

Equality and Non-discrimination obliges states to:

Eradicate legal, institutional, interpersonal and structural discrimination

Implications for national protection systems:

Legal frameworks should:

  • Derogate discriminatory legislation

  • Be conducive to the enjoyment of human rights by all

    Public institutions should ensure:

  • Representation of marginalized or excluded groups in the public administration and in decision-making bodies

  • Public services accessible and sensitive to gender, age and cultural differences

  • Appropriate judicial and administrative redress mechanisms

    Public policies should:

  • Challenge models of appropriation and concentration of resources leading to structural discrimination and exclusion

  • Take affirmative steps to reduce social and economic disparities

  • Promote education and public awareness

Action 2 Slide


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Principle of Participation realization of human rights as laid down in the UDHR and other international human rights instruments.

HR principles of participation require:

Free, active, meaningful and inclusive participation

Implications for national protection systems

Policies, processes and procedures should provide:

  • Opportunities for participation in planning and development

  • Access to relevant information

  • Capacities to marginalized groups to formulate proposals

    Institutional mechanisms should:

  • Be based on democratic principles

  • Not disempower existing democratic or traditional structures

    Civil society should:

  • Be active, independent and with capacities

  • Represent the voice of marginalized and excluded groups

  • Have control over decision-making processes

Action 2 Slide


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Principle of Accountability realization of human rights as laid down in the UDHR and other international human rights instruments.

Principle of accountability requires:

States and other duty-bearers to be answerable for the observance of human rights

Implications for human rights protection systems

State institutions should:

  • Be provided with sufficient resources, responsibilities and independent authority to effectively monitor the government, e.g., independent human rights parliamentary bodies, national human rights institutions, judges, courts and legal counsel

    State to cooperate with international human rights systems:

  • Complying in a timely manner with international reporting obligations

  • Inviting special procedures and providing information

  • Implementing the TB and SP recommendations

Action 2 Slide


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OUTCOME realization of human rights as laid down in the UDHR and other international human rights instruments.

3. 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.

  • Focus on relation of individuals-State (claims-obligations)

  • Shifting development from service delivery as primary focus to building capacity to claim and fulfil human rights

  • States require capacity to strengthen national protection systems and comply with their obligations

Action 2 Slide


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Right-holders: realization of human rights as laid down in the UDHR and other international human rights instruments.

6,652,595,567 persons

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

To some extent groups

Duty-bearers:

Much fewer in number

Primarily States

In some cases individuals have specific obligations

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

Rights-holders and Duty-bearers

Action 2 Slide


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The Role of Capacity Development realization of human rights as laid down in the UDHR and other international human rights instruments.


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Why a HRBA realization of human rights as laid down in the UDHR and other international human rights instruments. to Development?

Intrinsic value

  • Based on universal values

  • Universal legal standards for a life with dignity

    Instrumental to development strategies

  • Addresses power inequalities and discrimination

  • Deals with weaknesses in accountability systems

  • Objective framework to manage conflicts and seek redress

    Institutional reasons (UN comparative advantage)

  • Impartiality to deal with sensitive issues

  • Holistic analysis and integral responses to problems

Action 2 Slide


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Challenges Common to a HRBA realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Time-intensive

  • Working with many participants

    What other challenges to HRBA have you come across in your work?


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Myths/Misconceptions realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Human rights are western and alien to many cultures….Why is this a myth?

  • A HRBA is too difficult….Why is this misleading?

  • A HRBA is off-putting to more traditional governments….How can we work around this?

  • A HRBA overemphasizes rights and neglects responsibilities….Why is this untrue?


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Limitations of a HRBA realization of human rights as laid down in the UDHR and other international human rights instruments.

  • Lack of solid evidence to prove effectiveness

  • Difficulty in measuring, with respect to the principles of:

    • universality

    • inalienability

    • indivisibility

    • interdependence

    • interrelatedness


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Operationalizing a HRBA realization of human rights as laid down in the UDHR and other international human rights instruments.


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The HRBA in UN Programming realization of human rights as laid down in the UDHR and other international human rights instruments.

CCA

UNDAF

CPs

M&E

Analysis of

development

challenges

CP outcomes

UNDAF outcomes

M&E

systems

Establishes causal

connections of rights

Identifies patterns of

discrimination,

inequality and

exclusion

Identifies the capacity

gaps of rights-holders

and duty-bearers

Empowered

rights-holders and

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 the monitoring

of the programme

Action 2 slide


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Remember….A HRBA means integrating human rights principles and standards into all stages of the programming process…

ASSESSMENT & ANALYSIS

MONITORING AND EVALUATION

PRIORITY SETTING

PROGRAMME PLANNING

AND DESIGN

IMPLEMENTATION

Action 2 Slide



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Applying a HRBA: Assessment and Analysis and standards into

Action 2 slide


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HRBA to Information Gathering and standards into

What information:

  • Civil, cultural, economic, political and social context

  • Disaggregated according to normative grounds of non-discrimination, such as sex, age, ethnicity, rural and urban, etc.

    Sources of information:

  • Rely on national information, assessments and analyses

  • Variety of sources, including information from International, regional and national human rights mechanisms

    Information and analysis process:

  • Participatory, inclusive, accountable and sensitive to cultures

Action 2 slide


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What information…? and standards into

  • Information on legal and policy environment:

    • treaties ratified (international, regional)

    • domestic laws and policies

    • concluding comments, SP reports, CSO reports, ombudsmen documents, case law, etc.

  • Information on social, economic, cultural environment:

    • budget analyses

    • cultural and religious traditions and beliefs

  • Information on the 3AQ


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The HRBA to Assessment and standards into

  • The situation assessment involves checking that the quality of the information collected is adequate for the analysis that will be carried out. Pay attention to:

    • ensuring proper disaggregation

    • ensuring your information sources include the situation and views of disadvantaged and marginalized groups

    • ensuring the reproductive health and rights of the most excluded populations are included in the assessment

  • Remember—the purpose of assessment is to identify main HR and development challenges


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Formulating the Development Challenge and standards into

  • After the situation assessment has been carried out, make sure that you:

    • formulate your development challenge as a human rights issue

    • ensure it is people-focused


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Analysis of immediate, underlying and structural causes of development challenges identified

Tools:

  • Problem tree analysis detects root causes of human rights problems(vertically)and the interrelatedness of rights

    (horizontally and vertically)

  • Additional optional tools for in-depth legal, policy,

    institutional and budget analysis

HRBA to Analysis: Causal Analysis

The problem tree was not born as a HRBA tool, but it can help identify main patterns of discrimination, exclusion and other root causes of problems

Action 2 slide


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The Problem Tree development challenges identified

The problem tree is a tool for building consensus and participation, as it allows rights-holders and duty-bearers to agree on the main development challenges and root causes

Effects

Causes

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Immediate Causes development challenges identified

Underlying Causes

Root Causes

Core Problem Area:

Gender Discrimination

Problem 1: HIV/AIDS

Problem 2: Girls’ Education

Action 2 slide


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HRBA to Analysis: development challenges identifiedRole Pattern Analysis

  • Rights-holders

    • who are they?

    • what are their claims?

  • Duty-bearers

    • who are they?

    • what are their duties?


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HRBA to Analysis: development challenges identifiedCapacity Gap Analysis

Capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change

Capacity gaps:

  • Knowledge

  • Responsibility/motivation/leadership

  • Authority

  • Access to and control over resources

  • Gaps in NHRPS

Treaty bodies and special procedures can identify capacity gaps

Action 2 slide


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Selecting Areas of Cooperation -Strategic Analysis development challenges identified

Analyze UN comparative advantages in:

► Direct service delivery ►Advocacy and social mobilization

► Information and awareness ►Training and education

► Monitoring and observation ►Policy and legal advice

Partnership analysis:

HRBA broadens the spectrum of partners, including those belonging to National HR Protection Systems

HRBA promotes a

practice shift from

direct service delivery

to capacity development

Action 2 slide


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Using ICPD Agenda to Set Priorities development challenges identified

  • UNFPA’s strength lies in highlighting the importance of priorities within the ICPD agenda, such as

    • advancing universal access to reproductive health

    • empowering women

    • increasing access to HIV prevention, etc…



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HRBA to Results-Based Programme Planning development challenges identified

Treaty bodies and special procedures can identify specific actions for capacity development

Action 2 slide


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Example: A HRBA to HIV Prevention development challenges identified

  • Inputs: sufficient resources to reach the most marginalized groups (e.g. out-of-school youth)

  • Outputs: youth-friendly HIV prevention counselling manual created by MoH

  • Outcome: increased number of young people in rural areas attend clinics for regular sexual health check-ups

  • Impact: decrease in rates of STI transmission among young people


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At the Planning & Design Stage, Remember… development challenges identified

  • To consider and integrate the human rights principles and the elements of the 3AQ.

  • Wondering how to do this? Take a look at the questions on your checklist.


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Applying a HRBA to Programme Implementation development challenges identified


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HRBA to Implementation development challenges identified

  • Applying a HRBA in the programme implementation phase means, once again, ensuring that human rights principles and standards are consistently being respected throughout the programming cycle.

  • Turn to your checklist of questions to see what you should be asking at this stage of the programme.


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HRBA to Implementation: Equality & Non-discrimination development challenges identified

  • During implementation, priority must be given to the most marginalized groups.

  • Remember that even within marginalized groups, some may have more power than others. It is important to continuously assess whether inequalities exist at the implementation stage.


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HRBA to Implementation: Participation development challenges identified

  • How are disadvantaged groups meaningfully participating in the implementation of the programme?

  • What kind of capacity development needs to happen first to ensure that these groups can meaningfully participate?


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HRBA to Implementation: development challenges identifiedAccountability

  • How are you establishing clear roles and responsibilities in the implementation of your programme?

  • How are you sharing information with the public?

  • What complaint mechanisms are in place for individuals affected by the programme?


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Conclusion development challenges identified

  • Remember that a HRBA requires:

    • consistent and systematic integration of key human rights principles and standards into all stages of a programme

    • focus on rights, not needs

    • focus on process and outcomes

    • attention to marginalized groups

    • attention to culture and gender


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