Presentation on theme: "Concepts, Principles and Legal Framework Presentation by: Dr. Joseph Foumbi Consultant."— Presentation transcript:
Concepts, Principles and Legal Framework Presentation by: Dr. Joseph Foumbi Consultant
Universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity
HR are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
Human Rights: Are about how every person (without exception) must be treated Carry correlative duties Are protected by law (national & international) Set obligations and boundaries for duty actions that affect people.
Universal Declaration of Human Rights (1948) International Covenant on Economic, Social and Cultural Rights (1966) International Covenant on Civil and Political Rights (1966) and optional protocols
1965: Convention on the Elimination of Racial Discrimination (CERD) 1966: Two important Covenants: ICCPR and ICESCR 1979: Convention on Elimination of Discrimination against Women (CEDAW) 1984: Convention Against Torture (CAT) 1989: Convention on the Rights of the Child (CRC) 1990: Convention on the Rights of Migrant Workers and their families (CMW) Regional instruments: 1981: The African Charter on Human Rights
The right to life; Freedom from torture and cruel, inhuman or degrading treatment or punishment; Freedom from discrimination; The right to adequate food, shelter, clothing and social security; The right to health; The right to education;
The right to a nationality; Freedom of thought, conscience and religion; The right to vote and take part in government;
Universality and non-discrimination – all rights for all people, everywhere and all the time Inalienability – every human being is born with rights which cannot be taken away Indivisibility and interdependence – failure to realize some rights makes it more difficult to achieve others Accountability and rule of law– strengthening this aspect for all duty bearers Participation and inclusiveness – supporting rights holders to articulate their claims (PW)
How do we programme to ensure that we include and respect human rights?
A Need may not be a Right Does not trigger obligation Can be addressed through charity Does not trigger obligation Can be addressed through charity A Right is always a Need Always triggers obligations and responsibilities
A rights-holder is : Entitled to rights Entitled to claim rights Entitled to hold the duty-bearer accountable Has responsibility to respect the rights of others
All Duty Bearers are obliged to: Respect, protect, fulfil the rights of rights- holders The state has overall responsibility for meeting human rights of its people; Creating an enabling policy environment; Ensuring good governance Protecting the vulnerable
Duty-bearer’s obligation to Respect Protect Fulfill Prevent others from interfering with the enjoyment of human rights Abstain from any conduct that violates human rights Take action towards realization of human rights Dimensions of Duty Bearer Obligations
1 st Identify the gaps in rights realization 2 nd Support rights holders to articulate their claims 3 rd Define responsibilities 4 th Analyze and address capacities of duty bearers at all levels
Human Rights Culture Traditional beliefs & practices Religion Religious Beliefs & practices HRBA must be Context-Tailored
Focus on the most vulnerable and deprived Process as important as the result – respect rights in the process Empowerment of rights holders to claim rights and duty bearers to fulfill obligations Improve Relevance through upstream- focused Approaches
Whenever feasible, UN must move upstream to become more Relevant, Effective and Efficient (Exception: humanitarian crisis); Focus on most vulnerable and deprived populations Lay equal emphasis on Process and Results; In all circumstances, use Empowerment/Capacity Building approaches: Rights holders must know their rights and be able to organize themselves to claim them; and Duty Bearers must be engaged and able to play their roles