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Human Rights-Based Approach in the Programming Process Session 4

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1 Human Rights-Based Approach in the Programming Process Session 4
Expected Results Participants can explain the key elements of the human rights based approach Participants understand the rationale and the value of applying human rights standards and principles to strengthen country analytic work and the UNDAF, as well as national programming processes This session explains: What is HRBA to development programming Why a HRBA The UN Common Understanding on HRBA to Development Programming and its main elements

2 Session objectives Understand what a human rights-based approach to programming is Understand the importance and added value of HRBA to development programming Understand the main implications of applying a human rights-based approach to UN common programming

3 UN Common Understanding on HRBA
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 OUTCOME In recent years, UN agencies have moved to integrate human rights to different degrees. Some agencies have adopted a HRBA fully, which requires institutional change and the way development work is carried out through the design of country programmes and other activities. The different level of adoption and practice led to a need for a common understanding of HRBA among UN agencies and for conceptual clarity about human rights in regard to programming. The understanding reached highlights three implications of HRBA to development cooperation and programming, as follows: The ultimate objective must be a greater realization of rights. The process of development must be of a certain type; processes should be guided by human rights principles and standards, and this should happen for all development strategies, in all sectors and phases of the programming cycle. The focus of strategies is capacity development of rights-holders to claim their rights, and of duty-bearers to fulfill their obligations. These are the three key elements of the UN Common Understanding elaborated at the Stamford meeting in 2003 Each one of them will be elaborated in greater detail in the next slides 3

4 HRBA does not replace but adds value to other development approaches
Normative value universal legal standards for a life with dignity Instrumental value Contributes to more sustainable development outcomes Ensures a higher quality of the process Clarifies the purpose of capacity development Institutional reasons (UN comparative advantage) impartiality to deal with sensitive issues holistic analysis and integral responses to problems Implications and Added value of HRBA In the shift from theory to practice, there has been considerable debate regarding its meaning, the added value to development and particularly on how to apply a HRBA to development programming so that it can have greater impact. There are three main rationales for a HRBA: (a) intrinsic; (b) instrumental; (c) and institutional. (a) Intrinsic rationale Acknowledging that a HRBA is the right thing to do, morally and legally The HRBA is based on universal values (freedom, equality, solidarity, etc.) reflected in human rights principles and standards that provide a common standard of achievement for all men women and children and all nations. The HRBA moves development action from the optional realm of benevolence (or charity) into the mandatory realm of law. The HRBA establishes duties and obligations and corresponding claims, and underscores the importance of establishing accountability mechanisms at all levels for duty-bearers to meet their obligations. The HRBA changes the concept from regarding people as passive beneficiaries of State policies to active participants in their own development and further recognizes them as rights-holders, thereby placing them at the centre of the development process. (b) Instrumental rationale Recognizing that a HRBA leads to better and more sustainable human development outcomes, the HRBA: Focuses on analyzing the inequalities, discriminatory practices, and unjust power relations which are the root causes of the human rights and development challenges and processes that exacerbate conflict. Has a special focus on groups subjected to discrimination and suffering from disadvantage and exclusion, including children, minorities and women. The twin principles of non-discrimination and equality call for a focus on gender equality and engaging with women’s human rights in all development programmes. Emphasizes participation, particularly of discriminated and excluded groups at every stage of the programming process. Counts on the accountability of the State and its institutions with regard to respecting, protecting and fulfilling all the human rights of all people within their jurisdiction (although in some instances the duty of the State may extend beyond their jurisdiction, e.g. prisoners of war). Gives equal importance to the processes and outcomes of development, as the quality of the process affects the achievement and sustainability of outcomes. (c) Institutional value The UN has a comparative advantage in its core mandate on Peace, Security, Human Rights and Development and the values of the UN Charter. In that regard, neutrality and respect for self reliance make the UN a privileged partner to deal with sensitive issues in a holistic manner, which means that: Development challenges are examined from a holistic lens guided by the human rights principles and taking into account the civil, political, economic, social and cultural aspects of a problem (e.g. poverty reduction strategy is guided by rights to education and health as well as freedom of expression and assembly and right to information etc.) A HRBA lifts sectoral “blinkers” and facilitates an integrated response to multifaceted development problems, including addressing the social, political, legal and policy frameworks that determine the relationship and capacity gaps of rights-holders and duty- bearers. A HRBA requires using the recommendations of international human rights mechanisms in the analysis and strategic response to development problems. A HRBA can also shape relations with partners since partnerships should be participatory, inclusive and based on mutual respect in accordance with human rights principles

5 Other approaches “Needs Based” Action is voluntary/optional
‘Needs’ are contextual and open-ended Deserve help Passive beneficiaries - can be invited to participate Pragmatic ways to work with structures Development is technocratic - for the experts Hierarchy of needs “Human Rights Based” Action is mandatory Universal and legally established claims and entitlements Entitled to enforceable rights Active participants by right Power structures must be effectively changed Development transforms behaviours, institutions and empowers rights holders Rights are indivisible and interdependent though in any situation practical prioritisation may be required HIDDEN SLIDE 5 5

6 Human Rights Standards… …limits of the… …Playing field.
PROCESS 2) 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 define the rules of the game Human Rights Standards… ...define the… …limits of the… …Playing field. HIDDEN SLIDE Human Rights are both sectoral and instrumental. Both standards and principles improve the quality of outcomes and processes Human Rights Principles ensure that the development process creates a favourable environment and does not harm the realization of human rights Tip for Presenter Standards and principles will be elaborated in greater details in next slides In HRBA the HR principles guiding the development process are equally important as the human rights standards defining the content of the development objectives. The type of process determines the final outcome and its sustainability. HRBA has also a procedural dimension. Key principles such as participation, equality and non discrimination and accountability ensure that the development and programming processes create a favourable environment for the realization of HRs. 6

7 Human Rights Standards
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 The international human rights instruments contain the human rights standards which constitute the minimum normative level or content of entitlements and obligations against which duty-bearers at all levels of society—but especially organs of the State—can be held accountable. Articles in the treaties (e.g. rights relating to health can be found in the ICESCR, CEDAW, and the CRC) General comments of the UN treaty bodies (e.g. availability, accessibility, acceptability and quality of health services, GCESCR; gender equality and women’s rights to health, GRCEDAW)” Ask participants for an example in which they think food is not culturally acceptable National legislation (national constitution, laws and regulations, jurisprudence…) can establish higher standards than international law Example: A minimum standard is the minimum level or content necessary to be able to affirm that a right is being fulfilled. One example of minimum content: food can be available, accessible, and affordable in a quantity and quality sufficient to satisfy the dietary needs of individuals. However, if the food available is not culturally acceptable (pork meat in Muslim cultures) then the right to food would be violated. In the right box: Identification of development challenges as human rights issues: In a country where 40% of children suffer malnutrition, the human rights standard on right to food (article 11 of CESCR and GC 12) tells us that food has to be available and accessible. In fact, there are countries which face that level of chronic malnutrition, where food is available but is not accessible to half of the population due to social and economic disparities. Analysis of roles and capacities: The Ministry of Labour is responsible for the implementation of workers’ rights, but often fails to enforce the policy on minimum wage, given strong resistance from big business interests. Workers are often afraid of reprisals if they claim their rights, given the lack of State protection against abuses by landowners. Rural women in particular still face discrimination in relation to wages and land ownership, and often do not even have identity documents. (excerpt from a report of the Special Rapporteur on Right to Food from a country visit in 2005)

8 Human Rights Principles
Universality and inalienability Indivisibility Interdependence and Inter-relatedness Equality and non-discrimination Participation and inclusion Accountability and rule of law The colour shows a difference between the two sets of principles. Those in green are content oriented while those in white are process oriented. Tip for presenter. HR Principles will be treated in more detailed through a separate presentation. This is to provide quick understanding of definitions Universality and inalienability: Human rights are universal and inalienable. Every man, woman or child everywhere in the world are holders of human rights by virtue of being human. The human person in whom they inhere cannot voluntarily give them up. Nor can others take them away from him or her. Article 1 of the UDHR, “All human beings are born free and equal in dignity and rights.” Universality also refers to the obligation of every State to respect and protect the human rights in international instruments. These rights form a core minimum standard to be observed by every State. Indivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked Inter-dependence and Inter-relatedness: The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the right to education, the right to information, the right to food and nutrition, the right to safe water and sanitation etc. A malnourished girl is unable to perform in school and to benefit from an education that will enable her to participate in civil society and in the democratic process. Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of each human person. All human beings are entitled to their human rights without discrimination of any kind, such as race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of the human rights of both men and women on the basis of equality is an absolute requirement of international human rights law. Participation and Inclusion: Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized. Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress

9 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 OUTCOME Right-holders: persons (aprox.) Every individual, either a man woman or child, of any race, ethnic group or social condition To some extent groups : e.g. Indigenous Peoples Duty-bearers: Much less 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 Development partners HIDDEN SLIDE Tip for presenter Issues such a definition of duty bearers and claim holders, their relationship as well as capacity development are treated in the following slides The focus state-individual stresses the need to work towards an effective and fair power equilibrium between rights holders and rights-holders duty bearers. 9

10 Duty bearers Further the realization of Human Rights for all
Enabled to respect, protect and fulfill rights A c c o u n t a b i l i t y P a r t i c i p a t i o n Further the realization of Human Rights for all (equality and non-discrimination) Fulfils responsibility towards Claims right from All people have rights – they are right holders Governments, institutions and individuals have responsibilities (or duties, obligations) that correspond to these rights – they are duty bearers. Duty bearers are accountable for rights As right holders, people have the right to claim their own rights – participate/take part in demanding their rights The relationship between duty bearer and right holder is the most important part of a rights-based approach. Rights holders Enabled to hold duty bearer to account

11 In conclusion: 4 Critical questions
A HRBA helps the UN and partners to answer 4 critical questions: Who has been left behind? Why? Which rights are at stake?  Who has to do something about it?  What do they need, to take action? Process and outcome are equally important  Who has been left behind Assessment from a human rights and gender perspective helps to determine whether, and where, a problem or challenge exists, its intensity and who is affected. It reviews the trends in development indicators using sex-disaggregated data and it highlights disparities: where these occur, who are most affected and how many are affected. The HRBA adds value to this assessment by relating the situation to the human rights obligations in the international instruments ratified by each country. This data-driven assessment will help to identify patterns of discrimination and inequality, and describe the situation of groups excluded and made vulnerable due to the denial of their rights.  Why? Which rights are at stake? Human rights standards are a minimum in practice and a standard of achievement (as per Universal Declaration) which are necessary to expand the freedoms and opportunities inherent to human development. The "why" links with the causal analysis and will help us visualize how human rights principles can help identify persistent patterns of discrimination, exclusion, impunity and powerlessness. Causality analysis should lead to the identifications of immediate, underlying and root causes.  Who has to do something about it? It is important to identify, specifically, who are the duty bearers and rights holders– those with obligations to act Caution! It is easy to imply that action should be taken only by duty bearers. Presenters should emphasise that the "who" in "who has to do something about it" includes both duty bearers and rights holders.  What do they need, to take action? The “they” in the final question refers to both rights holders and duty bearers and help identify critical capacity gaps that prevent action. At the underlying and root levels, these capacity gaps will nearly always involve gaps in legal, institutional, policy, and financial (budget) frameworks. Action in the political and economic environment may be critical for empowering rights-holders and develop the capacities of duty-bearers. Rights-based causality analysis should be used to strengthen ongoing or planned country analysis and to bring some influence to the preparation or review of National development plans, including PRSPs. Reports from international, regional and national human rights mechanisms are key sources of information that should be used during the analysis. Remember that a key messages in a HRBA is that the process is equally important as the outcome of development. Remind participants and add the following: How should the process be conducted? or What type of process is required? 11 11

12 Exercise: Human Rights Principles
1. Each table will be assigned a human rights principle in order to discuss and unpack the meaning of the principle in more operational terms. 2. The group will provide maximum 3 questions to address the content of the principle in a manner that can be used in the programming context. Provide one card per question. Equality and non-discrimination Participation Accountability (1 & 2) 12

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