Human Rights-Based Approach in the Programming Process.
-
Upload
simon-wilcox -
Category
Documents
-
view
227 -
download
5
Transcript of Human Rights-Based Approach in the Programming Process.
Human Rights-Based Approach in the Programming Process
Session objectives
Understand whatwhat a human rights-based approach to programming is
Understand the importanceimportance and added value added value of HRBA to development programming
Understand the main questions the 3-step 3-step analysisanalysis helps to answer
• Universal legal guarantees• Civil, cultural, economic, political and social• Protect human values (freedom, equality, dignity)• Inherent to individuals and, to some extent,
groups• Grounded in international norms and standards• Legally binding on States
What are human rights?
UN CharterUN CharterUDHRUDHR
ICCPRICCPR ICESCRICESCR
CERD CEDAWCEDAW
CATCATCRC
NationalConstitutions
and Laws
CMWOther International Instruments
(humanitarian, specialized agencies)
Regionalinstruments
CRPD
Human rights instruments
CPED
Fundamental Labour Conventions
OPs
Mechanism Issue country Recommendations
Further define the content of standards
Treaty Bodies Concluding observations General comments
Special Procedures(Special Rapporteurs, Working Groups...)
Mission reports Thematic reports
Universal Periodic Review
UPR recommendations -----
ILO Committees Observations and direct requests/Conclusions
General observations/ and general surveys/digest of decisions
Main Functions
1. All programmes of development co-operation, policies and
technical assistance should furtherfurther the realization of human the realization of human
rightsrights as laid down in the UDHR and other international human
rights instruments
Human rights standards and principles Human rights standards and principles guide all
development cooperation and programming in all sectorsall sectors and
in all phasesall phases of the programming process
1. 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 furtherfurther the realization of human the realization of human
rightsrights as laid down in the UDHR and other international human
rights instruments
Human rights standards and principles Human rights standards and principles guide all
development cooperation and programming in all sectorsall sectors and
in all phasesall phases of the programming process
1. 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
GOALGOAL
PROCESSPROCESS
OUTCOMEOUTCOME
UN Common Understanding on HRBA
Claimsrightfrom
Fulfilsresponsibility
towards
Rights holders
Duty bearersEnabled to respect, protect and fulfill
rights Participation
Accountability Enabled to hold duty
bearer to account
Further the realization of Human Rights for
all (equality and non-
discrimination)
“Needs Based”
•Action is voluntary/optional
• ‘Needs’ are contextual and open-ended
•The beneficiaries deserve help
•The beneficiaries can be passive or can be invited to participate
•Adopts a pragmatic ways to work with existing power structures
•Development is mainly technocratic (for the experts)
•There is a hierarchy of needs
“Human Rights Based”
•Action is mandatory
•Universal and legally established claims and entitlements
•The beneficiaries are entitled to enforceable rights
•The beneficiaries are active participants by right
•Assumes that power structures can 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
Needs-based vs. HR-based approach
A HRBA helps the UN and partners to answer 4 critical questions:
Why? Which rights are at stake?
Who has to do something about it?Who has been left behind?What do they need, to take action?
Process and outcome are equally important
4 Critical questions4 Critical questions
Country AnalysisGATHERING INFORMATION
About development problems from existing sources, incl. national treaty reports and observations and
recommendations from treaty bodies
ANALYSISOf root causes &
their HR linkages
ASSESSMENTShortlist major development problems
for deeper analysis
Human Rights-based analysis
WHY 1. Causal analysisis there a problem?Which rights are being violated?
WHO
are the duty-bearers? 2. Role-pattern analysis
What are their ideal and actual roles? Who are the rights holders?
WHAT capacities do duty-bearers 3. Capacity gaps analysishave and/or need to fulfill their duties? What capacities do rights-holders have and/or need to claim their rights?
Analysis – in three
steps
Causality Analysis
1
Role Analysis
2
Capacity Gap
Analysis
3
Why?Which rights are at stake?
Who’s rights are implicated?Who has to do something about it?
What do they need to take action?
Assessment
What is it?
• The essential first step for HRBA and RBM
• A technique for identifying causes of a problem which can then be used to formulate appropriate responses
• We can map the problem and its causes in the form of a
problem tree
Step 1: Causality AnalysisStep 1: Causality Analysis
CAUSALITY ANALYSIS
Problem
Immediate Causes
Underlying causes
Root Causes
To unpack the causes of a Problem
Problem Tree
High incidence of child malnutrition in rural areas
Inadequate dietaryintake
Disease
Insufficient food security
Inadequate Maternal & Child Care
Insufficient health services& unhealthy environment
Political, Ideological,Economic structures
Resource Control+
Organizational structuresRoot
causesRoot
causes
Underlyingcauses
Underlyingcauses
Immediatecauses
Immediatecauses
ProblemProblem
HRBA to Analysis in three steps
Causality Analysis
1
Role Analysis
2
Capacity Gap
Analysis
3
Why?Which rights are at stake?
Who’s rights are implicated?Who has to do something about it?
What do they need to take action?
Assessment
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?
Step 2: Role AnalysisStep 2: Role AnalysisCheck what the human rights standards say about RHs claims and DBs duties
Check what the human rights standards say about RHs claims and DBs duties
Check also what role is expected from duty bearers to respect, protect and fulfil rights
Check also what role is expected from duty bearers to respect, protect and fulfil rights
Group Work - at you table:1. Choose one country and one human right that is not being fulfilled in that country 2. Discuss and fill the matrix below3. Choose one rapporteur to report to the plenary
Rights Holder: Claim:According to National and/or International standards
Current Status:What is the rights holder actually experiencing?
Duty-bearer (1): Obligations:According to National and/or International standards
Current Role:What is the duty bearer actually doing?
Responsible Actor
(1):
Responsibilities:Defined in relation to the issue at hand and given the local situation
Current Role:What is the specific actor actually doing?
HRBA to analysis in three steps
Causality analysis
1
Role analysis
2
Capacity gap
analysis
3
Why?Which rights are at stake?
Who’s rights are implicated?Who has to do something about it?
What do they need to take action?
Assessment
Duty Bearers capacity elements:
Can?- Knowledge- Resources (human, technical and financial)- Organizational challenges
Want?- Responsibility/motivation /leadership
Must?- Authority
Rights-holders capacity elements:
Can?- Knowledge- resources- individual abilities
Want?- Security- motivation
Enabling environment?- right to participate- Information- freedom of association and expression
Step 3: Capacity Gap AnalysisStep 3: Capacity Gap Analysis
Analysis of duty-bearers’ capacity gaps
Motivation(accountability)
Does the duty bearer feel an obligation to perform the role according to the obligation? If not why not?
Authority
Does the duty bearer have the authority to perform the role according to the obligation? If no
who does?
Resources
Does the duty bearer have human, organisational and financial resources to perform the role according to the obligation? If not, what’s missing?
Analysis of rights-holders’ capacity gaps
Understanding
Does the rights-holder know that he or she has rights and can claim them? If not, why?
Resources
Does the rights-holder have the financial, technical and human resources to claim his or her rights? If not, why?
Risks
What risks might ensue the rights-holder from claiming his or her right?
A HRBA helps the UN and partners to answer 4 critical questions:
Why? Which rights are at stake?
Who has to do something about it?
Who’s rights are implicated?
What do they need, to take action?
Process and outcome are equally important
HRBA in the programming process:4 Critical questions
HRBAHuman Rights Development
Principles
Standards
Reports and Recommenda
tions
ANALYSIS
RBM Cycle
Universal Periodic Review
2. Role/ Pattern Analysis
1. Causal Analysis
Results Matrix
M&E Framework
Better choices!
PLANNING
3. Capacity Gap Analysis
Value Added!
CAUNDAF
MANAGEMENT
Thank you!!Thank you!!