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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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Part 1: International, 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

Regional

Regimes


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


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


Promotes universal protection protection systems

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 protection systems

  • 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 States protection systemshttp://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… development work

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



Un common understanding on hrba
UN common understanding on HRBA Programming Process

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) Programming Process

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 Programming Process

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) Programming Process

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 Programming Process

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) into all stages of the programming process

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 into all stages of the programming process

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 into all stages of the programming process


Group work
Group Work into all stages of the programming process

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 into all stages of the programming process


Hrba in programming
HRBA in Programming into all stages of the programming process

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 into all stages of the programming process

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 into all stages of the programming process

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 into all stages of the programming process

three

conditions

Why a causal analysis?

If a problem is caused


Why a causal analysis1

by into all stages of the programming process

three

conditions

must

be

addressed

Why a causal analysis?

If a problem is caused

All three conditions


Problem tree
Problem Tree into all stages of the programming process

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


Immediate Causes into all stages of the programming process

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: into all stages of the programming processCausal 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)


Immediate causes into all stages of the programming process

“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 into all stages of the programming process


Who in household or family? into all stages of the programming process

Who within the community?

Who among service providers?

Who among policy makers?

International level?

Role analysis:

“who?”

Outcomes/Rights not fulfilled


Little knowledge or information into all stages of the programming process

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 into all stages of the programming process

- 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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