HUMAN RIGHTS-BASED APPROACH IN THE PROGRAMMING …
Transcript of HUMAN RIGHTS-BASED APPROACH IN THE PROGRAMMING …
HUMAN RIGHTS-BASED APPROACH IN THE PROGRAMMING PROCESS
Introductory session for members of the PHE-EC,Nov 2020
SESSION OBJECTIVES
1. Understand what a human rights-based approach (HRBA) to programming is
2. Understand the importance and added value of HRBA to development programming
3. Understand the main implications of applying a human rights-based approach to development programming
HRBA is NOT …
Rhetorical repackaging
Human rights activities
Political conditionality
What is a human rights-based approach?
A conceptual framework for the process of development:
– normatively based on international HR standards and principles
– operational directed to promoting and protecting HR
Recognizes human beings as rights-holders and establishes obligations for duty-bearers.
Focus on discriminated and marginalized groups
Aims for the progressive achievement of all human rights
Gives equal importance to the outcome and process of development
What is a HRBA?
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
1. Human rights standards and principles guide all development
cooperation and programming in all sectors and in all phases of the
programming process
2. 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
Value of international human rights standards and mechanisms in development work
HR norms and standards, and Treaty body, UPR and Special Procedures conclusions and recommendations serve as:
Analytical tool: Help to frame development challenges as HR issues, understand immediate, underlying and root causes; and identify roles, capacity gaps and responsibilities of duty bearers and rights holders
Advocacy and Dialogue tool: Provide opportunities for dialogue around policies, legislation, programmes
Accountability tool: Provide transparent mechanisms to monitor government efforts
Programming tool: Help to identify priorities and benchmarks, guide the process (e.g. ‘minimum core standards’, HR principles)
Some UPR recommendations for Ethiopia(3rd
cycle,2019)
• 163.139 Continue advancing in the implementation of the national strategy on countering the effects of climate change, including adaptation and mitigation, as well as in the integration of disaster risk reduction (Cuba);
• 163.141 Strengthen its national disaster preparedness plans to ensure that appropriate national and local measures are in place to adapt to changing climatic conditions and to reduce the risk of future disasters (Fiji);
• 163.142 Continue to build institutional capacity, data and knowledge to integrate environmental and climatic considerations more fully into the national regulatory framework (Fiji);
• 163.113 Develop a national action plan for the implementation of the Guiding Principles on Business and Human Rights (Norway);…
Some Recommendation from the CEDAW,2019
• (a) Ensure that the proposed revision of the law on land ownership addresses discrimination against women, including rural women, in conformity with the Convention; (b) Intensify efforts to ensure that rural women effectively have access to health care, education, employment, housing, safe water, adequate sanitation and family planning services, especially in pastoralist areas; (c) Continue to strengthen and ensure the effective implementation of existing policies and programmes for the economic empowerment of rural women, including by further promoting their ownership of land and enhancing the security of their land tenure, and ensure that rural women are involved in the development and implementation of agricultural policies, including with regard to decisions on land use; d) Expand the access of rural women to microfinance and microcredit at low interest rates to enable them to engage in income-generating activities and start their own businesses, with a view to combating poverty among rural women and promoting their advancement.
Duty-bearers
Respect Protect Fulfill
Human rights obligations
Right to water
Do not cut off water supply arbitrarily
Ensure pro-poor water supply if privatized
Ensure everyone is connected to a water distribution system
Refrain from
interfering with the
enjoyment of rights
Prevent others from
interfering with the
enjoyment of rights
Adopt right
measures for full
realization of right
over time
Elements of human rights
What needs to be realized?(from CESCR General Comments)
•Availability
•Accessibility – Physical accessibility– Economic accessibility (affordability)– Information
•Acceptability
•Quality
e.g. Transport, Roads, Ramps
e.g. Hospitals, Staff, Medicines
e.g. Culturally appropriate, clear information, language,
confidentiality
Right to Health, including sexual and reproductive health
e.g. Service fees, cost of medicines
Minimum core obligations
Access to employment
Access to the minimum essential food
Access to basic shelter, housing & sanitation
Safe drinking water
Essential drugs (as defined by WHO)
Free and compulsory education to all
Access to social security
Ensure these rights
Eg of Human Rights Standard
▪ ICESCR General Comment 14 − minimum
core obligations of the right to health:
▪ ensuring that health facilities, goods, and
services are available, accessible, acceptable
and of high quality
▪ ensuring reproductive, maternal (pre-natal as
well as post-natal) and child health care
▪ providing education and information on health
problems and the methods of prevention and
control
▪ ensuring the ‘underlying determinants of health’
are met, e.g., access to clean water, food and
shelter
Eg.of application of the 3Q in Public health
▪ Under the right to health, international human
rights standards indicate that States are obliged
to ensure that public health services, as well as
medicines and health care staff:
▪ are made available to all
▪ are acceptable to all
▪ are accessible to all
▪ are high quality, where the skills of the health
personnel, the medicines available and the
equipment used should be of a consistent
standard for all
Major human rights principles
•Universality and Inalienability•Indivisibility: civil, cultural, economic,political, social•Inter-dependence and Inter-relatedness•Equality and Non-discrimination•Participation and Inclusion•Accountability and Rule of Law
Human rights principles (spot the principle!)
“Human rights are an invention from the West: our values are different”
“This criminal gave up his rights when he decided to
introduce drugs in our country”
“Why should poor women farmers form a union? The
right to food is more important than freedom of
expression: first eat and then give opinions”
“The right to education is not related to the right to
vote , or to the right to food”
“Men deserve a better education as they contribute
more than women to the development of our society”
“What can I do if that teacher raped this girl. We don’t have enough good teachers like him”
Staff, Ministry of Education
1 2 3
4 5 6
Human Rights PrinciplesApplication in Programming
Content
• Universality and inalienability
• Indivisibility
• Interdependence and Inter-relatedness
Process
• Participation and inclusion
• Accountability and rule of law
Equality & Non-Discrimination
A Human Rights-Based Agenda
✓People-centred
✓Universal: applicable to all countries and all peoples.
✓Indivisible: civil-political & socio-economic
✓Equality and Non-Discrimination:
«leaving no one behind», inequalities, data disaggregation
✓Participatory: potential to open civic space
✓Accountability of States to their people
Linkages between SDGs and Human Rights
• The 2030 Agenda is grounded in human rights standards
• The 17 SDGs and many of their 169 targets and 241 indicators are closely linked to specific human rights
• Economic, social and cultural rights – many goals
• Civil and political rights – mostly goal 16
• Equality and non-discrimination – Goals 5, 10, 16
• Right to Development - Goals 17, 13See OHCHR table on interlinkages
Claimsrightfrom
Fulfilsresponsibility
towards
Rights holders
Duty bearersEnabled to respect,
protect and fulfill rightsParticipation
Accountability Enabled to hold duty bearer to
account
Further the realization of Human Rights for all
(equality and non-discrimination)
Right-holders:
6,652,595,567 persons
▪ Every individual, either a man woman or child, of any race, ethnic group or social condition
▪ To some extent groups
(environment as an emerging collective right of both current and future generations)
Duty-bearers:
Fewer…
▪ 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
(Duty bearers have a two-fold obligation to relevant HR standards as well as other relevant ones)
Rights-holders & Duty-bearers
HRBA VALUE-ADD
HRBA does not replace but adds value to other development approaches
Normative/intrinsic valueUniversal legal standards for a life with dignity
Instrumental valueContributes to more sustainable development outcomes Ensures a higher quality of the processClarifies the purpose of capacity development
Institutional reasons Impartiality to deal with sensitive issuesHolistic analysis and integral responses to problemsLifts sectoral blinkers
Country Analysis
GATHERING INFORMATIONAbout development problems from existing sources,
esp. national treaty reports and observations and
recommendations from treaty bodies
ANALYSISOf root causes &
their linkages
ASSESSMENTShortlist major development problems
for deeper analysis
1. CAUSAL ANALYSISGetting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN
ANALYSIS
3. CAPACITY GAP
ANALYSIS
Analysis in 3 steps
WHAT IS IT?
•The essential first step for HRBA and RBM.
•A technique for identifying causes of a problemwhich can then be used to formulate appropriateresponses.
•We can map the problem and its causes in theform of a problem tree.
CAUSALITY ANALYSIS
STEP 1
Development challenge
Manifestation
Root causes
Society, patterns of discrimination n, exclusion and powerlessness
Underlying causes
Services, Access, Policies, Practices
Immediate causes
Status
Step 1: Causal analysis | “Why?”
Problem TreeHigh incidence
of maternal mortality
among rural women from
southern districts
Early pregnancies
Inadequate obstetric
care services at the
community level
Contraceptive methods
seen as promoting
Women infidelity
Little awareness of
sexual and reproductive
rights
Insufficient public service
accountability and private sector
regulation
Gender discrimination
Poor planning and implementation capacity
and little priority to maternal health
In the national budgetRoot
causes
Underlying
causes
Immediate
causes
Manifestations
Lack of sensibility and a civil
service culture
RIGHT (article 7 CEDAW, SDG ind.5.5.1.b)
IMMEDIATE CAUSES
UNDERLYING CAUSES
ROOT CAUSES
Disproportionately low number of
women in decision-making bodies
No quotas, no law on gender equality
Women are reluctant to participate
Double burden (work & family)
Prevalence of males at decision-
making level
Non-compliance with international
and national commitments on gender equality
Lack of participatory approach; non-
influential female NGOs and CSOs
Low wages
No systems supporting
women engaging in politics
Prevailing stereotypes in
traditional social roles
Discrimination
Few political parties in support of gender equality
No recognition of gender problems
by decision makers
Lack of human rights awareness and
gender culture & education
Immediate Causes
Underlying Causes
Root Causes
Problem 1: HIV/AIDS Problem 2: Girl’s Education
Core Problem Area
Gender Discrimination
GROUP WORK: CAUSALITY ANALYSIS/PROBLEM TREE
Deriving info from relevant sources…
•Formulate the problem in terms of what is happening, to whom and where – write it on a card.
•Discuss and identify the immediate, underlying and root causes.
•Build a problem tree.
•Use the problem tree to identify the rights standards and principles that are not being fulfilled.
ASSESSMENT: WHO HAS BEEN LEFT BEHIND?
• Why?
• Which rights are stake?
Causality Analysis
• Who has to do something about it?
• What area their obligations (duty bearers) and entitlements (rights holders)?
Role and obligations
analysis
• What do they need to take action?
Capacity gaps
analysis
Analysis in three
steps
STEP 2
Rights holders
Who are they?
What are their claims?
Check what the human right standards say about their
claims and duties.
Duty bearers
Who are they?
What are their duties?
Check also what role is expected from rights-holders
& duty bearers in national laws, procedures and policies
• ROLE• OBLIGATIONS
ANALYSIS
STEP 2
EXAMPLE: RIGHT TO EDUCATION
Rights Holder 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
OBs.: carry out regular inspections in public and private schools and address individual complaints.
Capacity gaps:
Duty Bearer (3):
Ministry of Education
OBs.: promote inclusive education policies, train teachers, adapt textbooks
Capacity gaps:
GROUP WORK: ROLE ANALYSIS
1. From your causal analysis, select one of thecauses in which you want to focus on andhighlight why you chose it.
2. Identify a main right-holder and a critical claim.
3. Identify the max. 3 duty-bearers who shoulddo something about that claim and their mostcritical obligations.
Rights Holder: Claim: Capacity gaps:
Duty-bearer (1): Obligations: Capacity gaps:
Duty-bearer (2): OBs.: Capacity gaps:
Duty Bearer (3): OBs.: Capacity gaps:
EXAMPLE: RIGHT TO EDUCATION
ASSESSMENT: WHO HAS BEEN LEFT BEHIND?
• Why?
• Which rights are stake?
Causality Analysis
• Who has to do something about it?
• What area their obligations (duty bearers) and entitlements (rights holders)?
Role and obligations
analysis
• What do they need to take action?
Capacity gap
analysis
Analysis in three
steps
STEP 3
Can?
- Knowledge
- Resources (human, technical and financial)
Organizational abilities
Want?
- Responsibility/ motivation / Leadership
Should?
- Authority
Duty bearers’ capacity
elements:
Can?
- Knowledge
- resources
Individual abilities
Want?
- Security
- Motivation
Enabling environment
- Right to participate
- Information
- Freedom of association and expression
Rights-holders’ capacity
elements:
Capacity Gap
Analysis
Step 3
GROUP WORK: CAPACITY GAP ANALYSIS
Based on the role analysis:
1. Go back to the right-holders claim and selectthe 2 to 3 most critical correspondingduty-bearers obligations.
2. For each RH and DB, identify their keycapacity gaps.
→The things that prevent duty bearers fromperforming their roles and rights-holdersfrom claiming their rights.
3. List the key capacity gaps identified.
Rights Holder: Claim: Capacity gaps:
Duty-bearer (1): Obligations: Capacity gaps:
Duty-bearer (2): OBs.: Capacity gaps:
Duty Bearer (3): OBs.: Capacity gaps:
EXAMPLE: RIGHT TO EDUCATION
GALLERY
Your opportunity to “visit” other groups and give feedback
Organise your 3 steps on the wall
Choose one person to stay with your analysis to answer questions
Causality Analysis: Is there a logical flow in the causality analysis and clarity ofproblems, particularly at lower level of framework?
Role Analysis: Are the claims and obligations intuitive and presented in plainlanguage – when you read an obligation can you imagine a corresponding action?
Capacity Gaps: Is there sufficient attention to capacity gaps that address the lowerlevels of the framework – related to critical gaps in legal, institutional and policy andbudgetary frameworks?
Gender Dimension: How well does the analysis reflect the different ways that womenand men experience the development challenge? Will the capacities address the rootcauses of gender inequality?
!! Remember to leave comments on post-it notes!!
What can OHCHR offer? Tools to build capacities on thematic human
rights issues to realize SDGs
Manual and Trainers Guide on the
CRPD (available)
Trainers Guide: on National
Preventive Mechanisms against
Torture (NPMs) (about to be
finalized)
More human rights treaty specific Trainers
Guides, e.g.
on the International Covenants on Civil and
Political and Economic, Social and Cultural
Rights (under development)
Fact Sheets: on certain
rights, e.g. right to
health, right to
adequate food, right
to water, forced
evictions, right to
development
(available)