Human RightsConcepts, 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

What are human rights?

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.

To Whom does HR Apply?

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.

Modern Human Rights (HR)

• Universal Declaration of Human Rights (1948)

Key Tools: International Bill of HR

• International Covenant on Economic, Social and Cultural Rights (1966)

• International Covenant on Civil and Political Rights (1966) and optional protocols

• 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;

Examples of Rights Guaranteed under international treaties

• The right to a nationality;

• Freedom of thought, conscience and religion;

• The right to vote and take part in government;

Examples of Rights Guaranteed under international treaties (Cont)

• 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)

Key Human Rights Principles

The legal framework and implications on

programming

How do we programme to ensure that weinclude and respect human rights?

Needs-Based vs. a Rights-Based Approach

A Need may not be a Right

• 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

Rights Holder

All Duty Bearers are obliged to: • Respect, • protect, • fulfil

Duty Bearer

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

Obligations-Claims Patterns

at various levels

Obligation Pattern AnalysisChild

Family

Community

National)

Sub-national

International

Duty-bearer’s obligation toDuty-bearer’s obligation to

RespectRespect ProtectProtect FulfillFulfill

Prevent others from interfering

with the enjoyment of human rights

Prevent others from interfering

with the enjoyment of human rights

Abstain from any conduct that

violates human rights

Abstain from any conduct that

violates human rights

Take action towards

realization of human rights

Take action towards

realization of human rights

Dimensions of Duty Bearer Obligations

1st Identify the gaps in rights realization

2nd Support rights holders to articulate their claims

3rd Define responsibilities

4th Analyze and address capacities of duty bearers at all levels

STEPS IN Human rights focus

Human Rights

Culture

Traditional beliefs &

practices

Religion

ReligiousBeliefs & 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

Implications of HRBA in Programming

• 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

Implications of HRBA for United Nations

Thank you