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  Rights holders   Who are they?   What are their claims?   Duty bearers   Who are they?   What are their duties?   Rights holders   Who.

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Presentation on theme: "  Rights holders   Who are they?   What are their claims?   Duty bearers   Who are they?   What are their duties?   Rights holders   Who."— Presentation transcript:

1   Rights holders   Who are they?   What are their claims?   Duty bearers   Who are they?   What are their duties?   Rights holders   Who are they?   What are their claims?   Duty bearers   Who are they?   What are their duties? HRBA to Analysis: Role Analysis (II) Check what the human right standards say about their claims and duties Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies

2 Main duties of the State Respect - Derogate laws and stop the application of policies that discriminate and limit the exercise of rights Protect - Regulate and control the activities of the public and the private sector - Establish judicial and administrative mechanisms of redress and compensation - Facilitate the investigation work of national institutions Fulfil - Formulate and implement policies and strategies aiming at the progressive realization of rights - Provide public services effectively - Assist populations in situations of emergency or vulnerability Respect - Derogate laws and stop the application of policies that discriminate and limit the exercise of rights Protect - Regulate and control the activities of the public and the private sector - Establish judicial and administrative mechanisms of redress and compensation - Facilitate the investigation work of national institutions Fulfil - Formulate and implement policies and strategies aiming at the progressive realization of rights - Provide public services effectively - Assist populations in situations of emergency or vulnerability

3 Problem: Disabled persons denied access to quality education Right: Right to education Rights Holders  Duty-bearers Persons with disabilities Claim: non-discrimination on access to primary and secondary education and equal treatment School AdministrationObligation: Improve physical accessibility, and provide materials in adaptable formats District AdministrationOb: Carry out regular inspections in public and private schools and address individual complaints Ministry of EducationOb: Promote inclusive education policies, and revise the curricula

4 HRBA to Analysis: Capacity Gap Analysis (III) Capacity elements: Responsibility/ motivation/ leadership Authority Access to and control over resources Communication/ Information Capacity elements: Responsibility/ motivation/ leadership Authority Access to and control over resources Communication/ Information capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change Treaty Bodies and Special Procedures can help identify capacity gaps

5 Capacity Gap Analysis Responsibility/ Motivation Is the duty bearer aware of his/her obligation? Does he/she feel an obligation to perform the role – if not why not? Is the duty bearer willing to take responsibility and provide leadership in ensuring the right is fulfilled?

6 Authority Does the duty bearer have the authority to perform the role implied by the obligation – if not, who does? Is the structure of accountability adequately defined and implemented to ensure that duties are performed in accordance with obligations? Capacity Gap Analysis

7 Human Resources Does the duty bearer have the necessary human resources to meet his /her obligation – if not, what is missing? –Numbers, time, knowledge and skills, products and services, opportunities for networking, infrastructure, support systems Financial Resources Does the duty bearer have adequate financial resources to meet his/her obligation – if not, what is missing? Capacity Gap Analysis

8 Decision Making & Communication Access to adequate information to facilitate evidence-based decision making The ability to learn by doing (lessons learned) Capacity to process, share and use information Capacity to communicate effectively up and down the hierarchy

9 Group Instructions: Role and capacity gap analysis 1. Take one causal chain 2. Identify Rights- Holders and Duty-Bearers, their roles and responsibilities 3. Identify related elements of capacity gap and write them on flipchart (using table format) *Use the general comments and other documents from the treaty bodies as a tool for analysis.

10 Roles/ClaimsCAPACITY GAPS Claim holder 1 - specific claim Claim Holder 2 -specific claim Roles /ResponsibilitiesCAPACITY GAPS Duty Bearer 1 -specific duty Duty Bearer 2 -specific duty

11 Once critical capacity development needs are identified… The next question: In which does the UNCT have comparative advantage? The answer to this question leads to a strategic human rights based UNDAF Next Step Strategic interventions


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