Regional Workshop: Accelerating the Implementation of the Convention on the Rights of Persons with Disabilities August 2011, Delhi, India Some slides adapted from UNKampus materials

Human rights instruments UDHR ICCPRICESCR CERD CEDAW CAT CRC CMW Other International Instruments e.g. ILO Conventions CRPD CPAPED

International human rights mechanisms Treaty-based CESCR HRC CERD CEDAW CAT CRC CMW CRPD Charter- based Human Rights Council Special Procedures Universal Periodic Review

Mainstreaming The rights of persons with disabilities need to be considered in the decisions of ALL parts of government UN human rights treaties can help to ensure governments do this

Use ALL of the 9 core treaties Is no mention of persons with disabilities in 8 of the 9 core human rights treaties Are all 9 relevant? Yes. The rights of persons with disabilities need to be addressed by EVERY treaty body

In every treaty Non-discrimination and equality are fundamental principles Therefore, the rights of persons with disabilities need to be mainstreamed throughout the treaty body system

This means Including the rights of persons with disabilities in all reports to the treaty bodies… –so members of every treaty body have a clear picture of the situation of persons with disabilities in the country –and so each treaty body can make recommendations to address issues concerning the rights of persons with disabilities

International Law Are human rights treaties legally binding on states that have ratified them? Yes they are

Implementing treaty obligations to realize the rights of persons with disabilities…

…occurs primarily at the national level National Governments have to introduce policies and programmes to ensure human rights obligations are implemented, which involves taking measures to ensure: Appropriate constitutional and legal framework Effective institutions (parliament, government, judiciary, public administration, human rights institutions) Processes to provide effective remedies Awareness raising Vibrant civil society and free media

Implementing human rights treaty commitments through the human rights based approach

What is a human rights-based approach (HRBA)? A conceptual framework for developing policies and programmes:  normatively based on international HR standards and principles  operationally directed to promoting and protecting HRs  Recognizes human beings as rights-holders and establishes obligations for duty-bearers  Addresses the needs of discriminated and marginalised groups  Aims for the progressive achievement of all human rights  Gives equal importance to the outcome and process of development

1.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 2.Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 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 1.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 2.Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 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 GOAL PROCESS OUTCOME UN Common Understanding on HRBA

HRBA develops the capacities of ‘duty- bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights HRBA develops the capacities of ‘duty- bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights OUTCOME Right-holders: 7,095,306,380 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

Claims right from Fulfils responsibility towards Rights holders Duty bearers Enabled to respect, protect and fulfill rights ParticipationParticipation AccountabilityAccountability Enabled to hold duty bearer to account Further the realization of Human Rights for all (equality and non- discrimination)

HRBA helps us to… …Identify the problem/challenge – which human right is not being protected/fulfilled (Assessment) …analyse the roles and capacities of rights- holders and duty bearers …develop a programme of action to address the challenges and capacity gaps …formulate corresponding benchmarks and indicators to monitor progress

HRBA tells us…  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

“ Needs Based” Action is voluntary/optional ‘Needs’ vary according to context and are open-ended Deserve help Passive beneficiaries Pragmatic ways to work with existing structures Development is technocratic - for the experts Hierarchy of needs “Human Rights Based” Other approaches

Exercise Brainstorm in groups on the essential differences between what is typically called a “needs-based approach” and a “human rights- based approach” Provide three ideas per group

“ Needs Based” Action is voluntary/optional ‘Needs’ vary according to context and are open-ended Deserve help Passive beneficiaries Pragmatic ways to work with existing 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 Other approaches

Duty-bearers Respect Protect Fulfill Prevent others from interfering with the enjoyment of rights Refrain from interfering with the enjoyment of rights Adopt appropriate measures towards full realization of rights Human rights obligations Right to water Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected

Analysis – in three steps Causality Analysis 1 Role Analysi s 2 Capacit y Gap Analysi s 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who has been left behind?

Analysis in 3 steps 1. WHY? Causal analysis Which rights are implicated that explain why there is a problem? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

HRBA to Analysis in three steps Causalit y Analysis 1 Role Analysis 2 Capacit y Gap Analysi s 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who is left behind?

Analysis in 3 steps 1. WHY?Causal analysis Which rights are implicated that explain why there is a problem? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

Example: Right to Education Rights Holder: Children with disabilities Claim: ensure access to quality primary and secondary education without discrimination Duty-bearer (1): School Administration Obligations: improve physical accessibility to classroom and toilets, ensure teachers attendance Duty-bearer (2): Provincial Director of Education Obligations: carry out regular inspections in public and private schools and address individual complaints Duty Bearer (3): Ministry of Education Obligations: promote inclusive education policies, train teachers, adapt textbooks

Example: Right to …… Rights Holder: Claim: Duty-bearer (1): Obligations: Duty-bearer (2): Obligations: Duty Bearer (3): Obligations:

HRBA to analysis in three steps Causalit y analysis 1 Role analysis 2 Capacity gap analysis 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who is left behind?

Analysis in 3 steps 1. WHY? Causal analysis Which rights are implicated that explain why there is a problem? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

Example: Right to Education Rights Holder: Children with disabilities Claim: ensure access to quality primary and secondary education without discrimination Capacity gaps: Duty-bearer (1): School Administration Obligations: improve physical accessibility to classroom and toilets, ensure teachers attendance Capacity gaps: Duty-bearer (2): Provincial Direction of Education Obligations: carry out regular inspections in public and private schools and address individual complaints Capacity gaps: Duty Bearer (3): Ministry of Education Obligations: promote inclusive education policies, train teachers, adapt textbooks Capacity gaps:

Conclusion Human rights treaties tell us what human rights are; The human rights based approach provides the framework of analysis to turn these rights into reality

Thank you!