Gabriele Köhler Development economist Member, UNICEF NatCom Germany Lecture series:

1. Recent trends in the rights-based development agenda -with an eye on child rights and development Gabriele Köhler Development economist Member, UNICEF NatCom Germany Lecture series: „Human Rights and the UN - Between Ambition and Reality “ University of Bayreuth Model United Nations University of Bayreuth, UNICEF Hochschulgruppe Bayreuth, Amnesty International Bayreuth and Global Change Ecology 10 January 2013

2. 7 questions 1) Where are we headed? 2) Where are we coming from? 3) How does this affect child rights? 4) What does macroeconomics need to do? 5) What does human rights soft law contribute? 6) What has been the recent trajectory of human rights discourse at multilateral agencies? 7) What is happening with human rights and development discourse within countries?

3. QUICK QUIZ: What is this text?When was it written? Everyone, as a member of society, has the right to social security and is entitled to the realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

5. 1) Where are we headed?

6. MDGs 2002-2015

8. 2) Where are we coming from?

9. The “99%” movements

12. Working poverty trends

14. GENDER Social exclusions – manifest in every society • Income/economic class • Ethnicity • Religion • Language • Caste/clan • Age • Geographic location/urban versus rural • Citizenship and migration status • Health condition/communicable/visible diseases • Ability/disability • Menstruation • Sexual orientation • Recurrent emergency situations • Conflict situation • Looks

16. Low coverage of social security: Maternity benefits

17. Low coverage of social securityOld age pension coverage

18. 3) How does this affect child rights?

19. Children under 5: underweight (2011)

20. Children under 5: underweight by wealth quintile

21. Causes of under-five deaths in 2008

22. Primary school net enrolment /net attendance ratio

23. Gender parity index (GPI) in primary education

24. 4) What does macroeconomics need to do?

25. Austerity politics

27. Areas of concern • Policies for economic growth with redistribution and equity • Fiscal policy: • raising resources to improve social services; • subsidies to address price spikes; • “ring-fencing” social expenditures • Social protection schemes for families • as anti-cyclical measure • to prevent child poverty • because of social justice • Assure decent work for adults

29. UN-wide response to economic crisisMay 2009

30. UNICEF multidimensional child poverty research

31. 5) What does human rights soft law contribute to the larger context?

32. Universal Declaration of Human Rights (UDHR) (1948) • “The inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world” • Human rights are universal and are to be enjoyed by all people, no matter who they are or where they live. • UDHR includes: • civil and political rights, such as the right to life, liberty, free speech and privacy. • Economic, social and cultural rights such as the right to social security, health and education.

33. The Universal Declaration of Human Rights

34. Covenants International Covenant on Economic, Social and Cultural Rights (1966) commits its parties to work toward the granting of labour rights, the right to social security, family life, adequate standard of living, health, free education and participation in cultural life: “The ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights” International Covenant on Political and Civil Rights (1966) commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and fair trial.

35. Convention on Elimination of All Forms of Racial Discrimination (CERD) (1969) commits its members to the elimination of racial discrimination, promotion of understanding among all races, condemnation of apartheid, outlawing hate speech, dispute resolution and individual complaint mechanisms: “Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere (…) the existence of racial barriers is repugnant to the ideals of any human society”

36. Convention on the Eradication of All Forms of Discrimination against Women (CEDAW) (1979) commits its parties to enshrine gender equality in their domestic legislation, repeal all discriminatory provisions in their laws, enact new provisions to guard against discrimination against women “…the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields.”

37. The Convention on the Rights of the Child (CRC) (1989) commit its parties to ensure a child’s survival, development, protection and participation rights: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”

38. The Convention on the Rights of the Child (CRC) (1989) • Freedom of expression, thought, conscience, religion • Right to identity and registration • highest attainable standard of health • right to benefit from social security • primary education compulsory and available free to all • The development of the child's personality, talents and mental and physical abilities to their fullest potential • right of the child to be protected from economic exploitation • right of the child to rest and leisure

39. Child labour

40. 6) What has been the recent trajectory of human rights discourse at multilateral agencies?

41. Normative frameworks: recent UN trends World Health Assembly (WHO 2008) - return to Alma Ata vision of primary health care for all Right to food, FAO Committee on World Food Security (May 2012) adopted Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Right to social protection (ILO, June 2012) Social Protection Floor

42. ILO’s two-dimensional strategy for the extension of social security: Building comprehensivesocialsecuritysystems high extension strategy Voluntary insuranceunder government regulation • Verticaldimension:progressivelyensuringhigherlevelsofprotection, guidedbyConvention No.102 andmoreadvancedstandards level of protection Social security benefitsof guaranteed levels Social Protection Floor:Access to essential health care and basic income security for all floor level low low individual/household income high Outcomes can be guaranteed through different means – there is no one-size-fits-all Social Protection Floor Recommendation, adopted at ILC 2012 • Horizontal dimension:Guaranteeingaccessto essential healthcareandminimumincomesecurityfor all, guidedbyRecommendationNo. 202

43. OHCHR Special Rapporteurs/Independent Experts on human rights • right to education; • right to freedom of religion; • human rights and extreme poverty; • right to food; • right to adequatehousing; • access to safe drinking water and sanitation; • againstviolenceagainstwomen; • physical and mental health; • economic policies and debt; • TNCs; • and othersubstantive normative areas.

44. 7) What has been happening with human rights and development discourse recently within countries?

45. Social protection policy environment Some South Asian policy responses Direct food transfers Social Assistance Human rights Job Creation Affirmative action Right to food/National Food Security Act (IND) Mid-day meal (IND) Right to education (all) Right to work (IND) Right to health services (all) Right to information (IND, BGD, NPL) Universal old age pension (NPL) Benazir Income Support Program (PAK) Child benefit (NPL) Unorganized sector health insurance (IND) Direct Benefit Transfer (DBT) (IND) • National Rural Employment • Guarantee (IND) • Employment Generation for hard core poor (BGD) • Karnali Employment Program (NPL) • Employment generation for rural unskilled workers (PAK) Secondary school stipend for girls (BGD) Education for all (NPL) Child grants for girls (IND) Rural development and community based interventions (IND) Cooked school meals (IND) Subsidized PDS (IND, NPL, BGD) Subsidized grain prices

46. Social protection innovations in South Asia Commonalities Establishes entitle- ments for socially excluded groups Draw on and gives space to civil society and public action Tax financed Designed by government w civil society content Citizenship based Rights based

47. Access to information

48. Child rights advocacy in Germany UNICEF and other agencies are proposing a new article to amend the German Constitution (GrundgesetzderBundesrepublik Deutschland) (1)  Every child has a right to the development of her physical and intellectual capacities, for the optimal development of her personality. (2)  The government respects, protects and promotes the rights of the child. It supports parents in their responsibility to raise and educate the child. (3)  Every child has right to participation in matters concerning the child. Her views are to be taken into consideration in an appropriate fashion, depending on age and development. (4)  The child's wellbeing is primary in all government action concerning rights and interests of children.

50. Background reading Gabriele Koehler, Des Gasper, Richard Jolly, Mara Simane, 2012. Human Security and the Next Generation of Comprehensive Human Development Goals Journal of Human Security Studies Vol.1, No.2, Summer 2012. pp.75-93.http://www.janp.sfc.keio.ac.jp/JAHSS/journals/JOHSR_vol1-2.pdf)  Richard Jolly. 2012. UNICEF, Economists and Economic Policy. Isabel Ortiz et al: Child poverty and inequalities. 2012. UNICEF New Yorkhttp://www.unicef.org/socialpolicy/files/Child_Poverty_Inequality_FINAL_Web_web.pdf Isabel Ortiz & Matthew Cummins. 2012. A Recovery for all. Rethinking Socio-Economic Policies for Children and Poor Households. UNICEF New York. http://www.unicef.org/socialpolicy/files/A_Recovery_for_All_FINAL_Web.pdf http://www.unicef.org/socialpolicy/files