SOME KEY COMPONENTS OF A HRBA UN HABITAT Nairobi, Kenya 23-25 October 2013 Urban Jonsson

1. SOME KEY COMPONENTS OF A HRBA UN HABITAT Nairobi, Kenya 23-25 October 2013 Urban Jonsson

2. OUTLINE 1. Human Rights Principles 2. Outcome and Process in Development 3. Capacity Development 4. Needs vs. Rights

3. Human Rights Principles

4. FUNDAMENTAL HUMAN RIGHTS PRINCIPLES • Universal • Inalienable • Indivisible • Interrelated • Interdependent

5. HUMAN RIGHTS PRINCIPLES (UN) • Equality and Non-Discrimination • Participation and Inclusion • Accountability and Rule of Law

6. UNIVERSALITY AND INALIENABILITY • Every person is entitled to enjoy his or her human rights by virtue of being human • Human rights are therefore different from other types of rights, for example citizen rights and contractual rights

7. UNIVESALITY AND PLURALISM • Even if there are things that ought to be done for every human being, pluralism is about the fact that there are many important respects in which human beings are not alike • A conception of human good must be both universalist AND pluralist

8. INDIVISIBILITY • All rights have equal status and cannot be ranked, a priori, in a hierarchical order • CPRs and ESCRs should be treated with the same respect

9. INTERDEPENDENCE AND INTERRELATEDNESS • The realization of one right often depends on the realization of other rights • This requires more comprehensive or holistic approaches

10. DISCUSSION

11. EQUALITY • All persons within a society enjoy equal access to the available goods and services that are necessary to fulfill basic human needs • There is an important difference between ‘equality of opportunity’ and ‘equality of result’

12. Table Group Work What is the difference between ‘equality of opportunities’ and ‘equality of results’?

13. EQUAL OPPORTUNITIES AND EQUAL RESULTS EQUAL OPPORTUNITIES: Everybody has the same chance EQUAL RESULTS: Everybody achieves the same level

14. THE RIGHT TO EQUAL OPPORTUNITIES OR THE RIGHT TO EQUAL RESULTS? • The right to equal access to health services vs. the right to be healthy • The right to equal access to education vs. the right to be equally educated (learning achievement)

15. Equality vs. Equity

16. Table Group Work What is the difference between ‘equality’ and ‘equity’, and how does each relate to human rights?

17. EQUALITY A situation where all persons within a society enjoy equal (the same) access to the available goods and services that are necessary to fulfill basic human needs

18. EQUITY A situation in which everyone is treated ‘fairly’ (not necessarily the same). Equity is a concept of justice (distributive justice)

19. EQUALITY VS. EQUITY • Most people believe that they should have equal pay for the same job, but accept an un-equal but equitablepay for jobs that require different skills

20. EQUALITY VS. EQUITY • What is fair is not necessarily equal; and what is equal is not necessarily fair • Everyone knows what is ‘equal’, but no one knows what, under the circumstances, is fair • Latin: aegus (fair and equal)

21. DISCUSSION

22. NON-DISCRIMINATION • Non-discrimination on any ground, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status • Other status refers to personal circumstances, occupation, life style, sexual orientation and health status (e.g.. PLWHA)

23. PARTICIPATION AND INCLUSION • Every person has the right to participate in decision-making that affects his or her life • All people are entitled to participate in society to the maximum of their potential (cf. CRC)

24. DISCUSSION

25. ACCOUNTABILITY • Individuals in their roles as duty-bearers are accountable to the correlative claim-holders • Duty-bearers can only be accountable if they have the capacity (responsibility, authority and resources) to meet their duties

26. ACCOUNTABILITY • Duty-bearers are accountable to both claim-holders ‘above’ (e.g. the government) and claim holders ‘below’ (e.g. people in communities)

27. RULE OF LAW • Where human rights have been codified into legal rights, disputes will be resolved through adjudication by competent, impartial and independent processes

28. RULE OF LAW • All people are equal before the law and no one is above the law • There should be no impunity for human rights violations • All persons should have equal social access to law enforcement

29. DISCUSSION

30. Capacity Development

31. CAPACITY FOR ACCOUNTABILITY • Responsibility “should” • Authority “may” • Resources “can”

32. CAPACITY FOR DEVELOPMENT • Responsibility/Motivation/Leader. • Authority/Power • Resources - Human - Economic - Organizational • Capability for Decision-making and learning from actions • Capabilities for Communication

33. CAPACITY GAP ANALYSIS • Identify each claim-holder’s capacity gap for not being able to claim their rights • Identify each duty-bearer’s capacity gap for not meeting duties • Participation is the key to capacity analysis

34. CAPACITY GAP ANALYSIS Result: For each claim-duty relationship a list of capacity gaps are identified of both the claim-holder and the duty-bearer.

35. ACCOUNTABILITY • Individuals in their duty-bearing role should be held accountable (to the claim-holders) • But they can only be held accountable if they have their capacity gaps closed • The reduction/closing of the capacity gaps of duty-bearers therefore requires careful monitoring

36. DISCUSSION

37. Needs vs. Rights

38. Table Group Work What is the difference between human needs and human rights?

39. NEEDS VS. RIGHTS NEEDS RIGHTS Needs are met or satisfied Needs imply goals, incl. partial goals Needs do not necessarily imply duties Rights are realized Rights imply goals, always 100 % Rights always imply correlative duties 4 / 11

40. NEEDS VS. RIGHTS NEEDS RIGHTS Human rights can be realized only by attention to both outcome and process Rights are always universal “Charity is obscene in a human rights perspective” Needs can be met by goal or outcome strategies Needs are not necessarily universal Needs can be met by charity and benevolence 4 / 11

41. NEEDS VS. RIGHTS NEEDS RIGHTS Needs can be ranked a priori in a hierarchy Needs are often associated with promises Tenant as an object “To Have” Rights cannot be ranked a priori in a hierarchy Rights are always associated with obligations Tenant as a subject “To Be” 4 / 11

42. DISCUSSION