1. 1 Rajeev Malhotra 24 Sept. 2008, New Delhi Using Indicators to Promote & Monitor Implementation of Human Rights

2. 2 Indicators for Human Rights Assessment Some questions and observations:  Why do we need indicators and why human rights indicators?  Is rights-based monitoring different from monitoring as commonly understood? * objectivity, transparency, accountability; * meeting treaty obligations and rationalising reporting; * making public policy & programmes rights sensitive / compliant?  Are human rights indicators different from commonly used socio-economic and other administrative statistics?  How do we identify human rights indicators? Where do we draw the line? Conceptual vis-à-vis evidence based criteria for indicator selection?

3. 3 Human Rights Indicator that addresses and reflects the human rights concerns and principles; and that can be related to human rights norms and standards; that are used to assess and monitor promotion and protection of human rights. Information – quantitative or qualitative: Disaggregation of data important but not sufficient

4. 4 Some Challenges in this work A well defined methodology; Need for an adequate conceptual basis; Using contextually relevant indicators at country and local level; and Challenges in Identifying Indicators Recognising specific monitoring requirements of national and international mechanisms and responding to them through appropriate indicator selection

5. 5 Data Generating Mechanisms Administrative data and official statistics; Event based data on human rights violation; Households/ individual opinion based survey; and Expert judgements and rating scales. Data requirement for monitoring obligation to promote and protect may be different. However, in each case the objective should to move towards/depend on the use of objective data sets and methodology to collect information

6. 6 Some Challenges ….. ObjectiveSubjective Quantit- ative Indicator articulated in quantitative form and based on information on objects, facts or events that are, in principle, directly observable and verifiable. A Example 1: prevalence of underweight children under five years of age. Example 2: reported number of arbitrary execution. Indicator articulated in quantitative form and based on information that is perception, opinion, assessment or judgment, using, for instance, cardinal/ordinal scales. B Example 1: percentage of individuals above 16 years old who declare themselves ‘very satisfied’ with the national public health policy. Qualitat -ive Indicator articulated in narrative form, (categorical form), and based on information on objects, facts or events that are, in principle, directly observable and verifiable. C Example 1: the status of ratification of a human rights treaty for a given country: ratified / signed / neither signed or ratified. [i] [i] Example 2: description of an event comprising act(s) of torture between a victim and a perpetrator(s). Indicator articulated in narrative form, (categorical form) and based on information that is perception, opinion, assessment or judgment. D Example 1: assessment expressed in narrative form of how independent and fair is the judiciary. Example 2: is the right to food fully guaranteed in provisions of the national legal system of a given country? yes/no.

7. 7 From Standards to Indicators Aspects/attributes of RtH  In your country what is the nature of health problem, which population groups are more vulnerable to illness / high mortality and what has been done to combat the problem?  Keeping in mind international human rights standards & health policy framework, what aspects of health & related policies are important for monitoring implementation of RtH?  What aspects of your country’s health policy would you like to focus on in monitoring the implementation of RtH?

8. 8 Attributes of Right to health Sexual and reproductive health; Child mortality and health care; Natural and occupational environment Prevention, treatment & control of diseases Accessibility to health facilities & essential medicines

9. 9 From Standards to Indicators Identifying indicators on RtH attributes  What kind of indicators will be relevant to monitor the legal & institutional framework for implementation of RtH at country level?  What kind of indicators will be relevant to monitor steps being taken by govt. and CSOs in furthering the implementation of RtH at country level?  As summary measure, what kind of indicators will be relevant to monitor the enjoyment of RtH at country level?

10. 10 Illustration - Right to Health Reproductive health Child mortality & health care Natural & Occp. Enirn. Prevent, treat. disease control, Acc. to health fac. & Medi Structural -International human rights instruments, relevant to the RtH, ratified by the State -Period of application and coverage of RtH in supreme law/ Constitution/ bill of rights -Period of application and coverage of domestic laws relevant to the implemntation of RtH - Estimated proportion of births, deaths and marriages recoded through vital registration system Process prop of birth atten by health pers. prop recev pre & post natel care Rept cases of genital mutilation prop of children getting medical checks Prop of children covered under nutri supplement progs. Prop of children immunised pop prop with sustainable access to improved water source* pop prop using solid fuels pop prop immunized against vaccine preventable diseases pop prop applying effective prevetive measures/ cure per capita public exp on primary health care Density of medical & para medical personnel, hospital beds Outcome prop of live births with low birth wg. MMR IMR, under 5MRIncidence of death/ disease caused by unsafe natural/ occ environ. Prevalence of associated with Prev of disable Suicide rates death rates comu diseases mentally chall

11. 11 Attributes of Right to Social Security Income security for workers; Affordable access to health care; Family, child and adult dependent support; and Targeted social assistance schemes.

12. 12 Attributes of Right to work Access to decent and productive work; Just and safe working conditions; Training skill up-gradation & professional development; and Protection from forced labour & unemployment

13. 13 Attributes of Right to Education Universal primary education; Accessibility to secondary and higher education; Curricula and educational resources; and Educational opportunity and freedom.

14. 14 Attributes of Right to adequate housing Habitability; Accessibility to services; Housing affordability; and Security of tenure.

15. 15 Attributes of Right to food Nutrition; Food safety and consumer protection; Food availability; and Food accessibility.

16. 16 Attributes of Right to Fair Trial Access to & equality before courts & tribunals; Public hearing by competent & independent courts; Presumption of innocence & guarantees in the determination of criminal charges; Special protection for children; and Reviews by a higher court.

17. 17 The Framework Structural Indicators Process Indicators Outcome Indicators Human Rights Standards & Principles Attributes of a right Indicators on Human Rights Principles

18. 18 Participation Empowerment Accountability Non-discrimination & equality Effective remedies Indicators on Human Rights Principles Disaggregated data Substantive & Procedural rights General Proxy indicators

19. 19 Structural / Commitment Indicators Reflect the ratification / adoption of legal instruments and existence of basic institutional mechanisms deemed necessary for facilitating realisation of the concerned human right. Process / Effort Indicators Relate the State policy instruments with milestones (which cumulate into outcomes that can be more directly related to realisation of right), hence capture accountability as well as the notion of progressive realisation Outcome / Result Indicators Capture attainments, individual and collective, that reflect the status of realisation of the human rights in a given context Configuring Indicators for Human Rights Attributes

20. 20 OHCHR Approach : Main features Framework supports a common approach for ESCR and CPR indicators - indivisibility of human rights--- holistic strategies; Collectively, the indicators capture linkage between States’ commitment of HRS with efforts undertaken to meet those obligations, as well as the consolidated outcomes of the efforts; Focus on translating systematically, consistently & comprehensively universal human rights standards into contextually relevant indicators;

21. 21 Main features of the approach Emphasis on disaggregation of data / indicators by prohibited grounds of discrimination; Focus on indicators reflecting HR concern of non- discrimination & importance of an individual’s access to relevant goods & services; Focus on use of objective data generating methods (and not perception based data) with emphasis on making use of commonly available information for HR assessments; Focus on quantitative indicators to complement qualitative & quasi-judicial assessments of TBs;

22. 22 Main features of the approach Indicators focus on primary duty bearer, also cover NGOs & role of international cooperation; Indicators focus on scope and recourse to judicial remedy and cover quasi-judicial & administrative remedies; Framework facilitates consistent, comprehensive & contextually relevant identification of indicators across human rights.

23. 23 Monitoring Human Rights Implementation Rights based monitoring requires:  Certain institutional arrangement for data collection ;  Making a distinction between data providers and data interpreters from human rights perspective  Focus on specific data that embodies and reflects realisation of human rights,  Focus on the most vulnerable and marginalised population groups Disaggregation of data is important, but equally important is the need to use specific indicators that explicitly reflect human rights standards and principles

24. 24 Challenges in undertaking Rights-based Monitoring Identification of monitoring stakeholders; Facilitation of a country owned monitoring mechanism; Identification of major vulnerable groups; Focus on non-discrimination and accessibility indicators Capacity building for data collection and disaggregation Reporting periodicity, publication, access to information and follow-up

25. 25 Some other Challenges ….. Piloting & country level validation of identified indicators; Simplifying terminologies & harmonising different approaches towards a common framework Moving the information base for human rights indicators more-&-more into the domain of administrative or official statistics

26. 26 Human Rights Indicators : where are we?  Validation of work: expert consultations, country level piloting of identified indicators with UN agencies, NHRIs & other national stakeholders  List of illustrative indicators developed so for on: Right to life Right to liberty and personal security Right to participate in public affairs Right not to be subjected to torture Right to a fair trial Right to freedom of opinion and expression Right to adequate food Right to health Right to adequate housing Right to education Right to work Right to social security

27. 27 Status of international human rights instruments as of 21 Jan 2005 Ratification of 13 Core Human Rights Treaties and Optional Protocols