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Human Rights Based Approach to Programming
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Part 1: International, regional and national human rights
protection systems
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UN CharterUN CharterUDHRUDHRHRCHRC
ICCPRICCPR ICESCRICESCR
CERD CEDAWCEDAW
CATCATCRC
NationalProtectionSystems
CMW
Other International Instruments
RegionalRegimes
CRPD
Human rights instruments
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CCA UNDAF Guidelines
More than 80 per cent of Member States have ratified four or more of the eight core international human rights treaties. When governments ratify treaties, every person within the country is entitled to have those human rights respected, protected and fulfilled. The UNCT supports actions that help Member States to fulfill these obligations and reach these goals.
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Treaty bodies
Treaty bodies monitor and facilitate the implementation of the treaties through:
Reviewing State Party reports and additional sources of information
Adopting observations and recommendations
Adopting General Comments that help define HR Standards contained in the treaty; e.g. right to water, right to education, right to food etc.
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National protection system
Ensuring sustainable respect for human rights requires:• Constitutional and legal framework• Effective institutions (parliament, government, judiciary,
public administration, human rights institutions)• Procedures and processes including effective remedy• Policies and programmes, including awareness raising• Vibrant civil society and free media
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Global & regional protection are complementary
Global & regional norms require national implementation
Global & regional protection if national remedies have been exhausted
National norms should be consistent with global and regional standards
Links between national, regional and international protection systems
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• Promotes universal protection
• Addresses and prevents violations
• Develops international law
• Reviews compliance of Member States
• Respond to emergencies• International forum for
dialogue
Human Rights Council
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Universal Periodic Review
• Review the fulfillment of the human rights obligations of all countries
• All Member States will be reviewed within 4 years (48 States per year)
• Review will be carried out by “peers” (groups of three Member States)
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UPR in Arab Stateshttp://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
Country UPR Date
Algeria April, 2008
Egypt February, 2010
Morocco April, 2008
Saudi Arabia February, 2009
Syria
Tunisia April, 2008
Yemen May, 2009
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Value of international human rights mechanisms in development work
Advocacy tool: Open opportunities to have dialogues around sensitive issuesAccountability tool: HR bodies provide transparent mechanisms to monitor government effortsAnalytical tool: Help understand underlying and root causes of development problemsProgramming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)
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Check on…
…Status of ratification
…Whether a Country’s pledge to the HRC exists
…Recent Treaty Body concluding observations
…Recent State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or statements and communications on the country
…Calendar of upcoming events and SP country visits
http://www.ohchr.org/english/countries
www.ohchr.org
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Part 2: Defining the Human Rights Based Approach in
Programming Process
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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
2. Human rights standards and principles guide all development
cooperation and programming in all sectors and in all phases
of the programming process
3. 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 further the realization of human
rights as laid down in the UDHR and other international human
rights instruments
2. Human rights standards and principles guide all development
cooperation and programming in all sectors and in all phases
of the programming process
3. 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
FOCUSFOCUS
UN common understanding on HRBA
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All programmes of development co-operation should further the realization of human rights as laid down in the UDHR and other international human rights instruments
GOALGOAL
Common understanding on HRBA (1)
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Programming strengthened by Human Rights Mechanisms
Observations by Treaty Bodies, Special Procedures and UPR→ Analysis of development issues from a HR lensRecommendations by Treaty Bodies, Special Procedures and UPR→ Provide tools for UN programming to address problems identifiedGeneral comments by Treaty Bodies → Identify the precise content of development objectives by clarifying the meaning
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Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process
PROCESSPROCESS
Common understanding on HRBA (2)
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Human rights principles
• Equality and non-discrimination
• Participation and inclusion
• Accountability and the rule of law
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The integration of human rights principles and standards into all stages of the programming
process
ASSESSMENT & ANALYSIS
PRIORITY SETTING
PROGRAMME PLANNINGAND DESIGNIMPLEMENTATION
MONITORING AND EVALUATION
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Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights
FOCUSFOCUS
Common understanding on HRBA (3)
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Rights-holders and duty bearers
Rights-holders:
• 6,783,421,727 (World population est 31/5/2009)
• Every individual, either a man, woman or child, of any race, ethnic groups of social condition
• Groups (to some extent)
Duty bearers:• Much less• Primarily States• In some cases, certain
individuals have specific obligations
• Individuals and private entities also have generic responsibilities towards the community to respect the rights of others
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The role of capacity development
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Group WorkAt your tables, identify:
• 1 or 2 opportunities and/or challenges for UN system at country level in using HR instruments/protections systems in the UNDAF process (10 min)
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Causality AnalysisCausality Analysis
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Strengthened capacity ofrights-holders and duty-bearers
Reveals the causes of major development problems
Identifies patterns ofdiscrimination,inequality, and exclusion
Identifies the capacitygaps of rights-holders and duty-bearers
Rights-holders &accountable duty-bearerscontribute to therealization of human rights
Establish mechanisms for participation ofrights-holders &duty bearers in prog./ project monitoring
HRBA in Programming
Country Analysis
UNDAF Prog/ Project M&E
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Country Analysis
GATHERING INFORMATIONAbout development problems from different sources,
including national treaty reports and observations and recommendations from treaty bodies, UPR, etc.
ANALYSISOf root causes &
their linkages
ASSESSMENTShortlist major development problems
for deeper analysis
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Detailed StepsDetailed Steps
1. CAUSALITY ANALYSISGetting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN ANALYSIS
3. CAPACITY GAP ANALYSIS
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Why a causal analysis?
If a problem is caused
by conditionsthree
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Why a causal analysis?
If a problem is caused
by conditionsthree
All three conditions
must be addressed
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Problem Tree
Malnutrition &death
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
ManifestationsManifestations
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81
Immediate Causes
Underlying Causes
Root Causes
Problem 1: HIV/AIDS Problem 2: Girl’s Education
Core Problem AreaGender Discrimination
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Group Instructions:Group Instructions:Causal analysis/problem tree Causal analysis/problem tree
Using the thematic issue from your groups (Economic Development; Governance; Social Service Delivery), formulate a problem statement (10 min)
Discuss and identify the immediate, underlying and root causes and build a problem tree (30 min)
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Outcomes/Rights not fulfilled
Basic /structural causes
“Society, Policies, Resources”
Underlying causes
“Services, Access, Practices”
Immediate causes
“Direct Effect”
Causal analysis: “why?”
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Role/Pattern & Capacity Gap Role/Pattern & Capacity Gap AnalysisAnalysis
Role/Pattern & Capacity Gap Role/Pattern & Capacity Gap AnalysisAnalysis
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Outcomes/Rights not fulfilled
Who among policy makers?
Who in household or family?
Who within the community?
Who among service providers?
International level?
Role analysis:“who?”
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Outcomes/Rights not fulfilled
Unable to organize oneself and take action
Lacking recognition of duty
Little knowledge or informationLimited skills
Meager financial or material resources
Lacking authority or mandate
Capacity analysis, Duty Bearers:“what capacity gaps?”
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Group Work: Role Pattern & Capacity Gap Analysis
- Select a chain of causes in your problem tree causality analysis.
- Based on the selected chain, identify one critical DB or RH, and their expected roles (claims and duties) (10 min)
- For the selected Right Holder or Duty Bearer, identify their key capacity gaps (the things that prevent duty bearers from performing their roles and claim holders from claiming their rights) (15 min)
- Write them on flipcharts You have 25 min
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Claims CAPACITY GAPS
Rights holder 1
Rights Holder 2
Duties/obligations CAPACITY GAPS
Duty Bearer 1
Duty Bearer 2