The Human Rights Based Approach in the Programming Process

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The Human Rights Based Approachin the
Programming Process
Action 2 Learning Human Rights Together
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What is a Human Rights Based Approach?

• The development process is normatively based on
  international HR standards and principles
• It recognizes human beings as rights-holders and
  establishes obligations for duty-bearers.
• It focuses on discriminated and marginalized
  groups
• It aims for the progressive achievement of all
  human rights
• It gives equal importance to the outcome and
  process of development

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Why a human rights-based approach to development?

• Intrinsic value
• based on universal values
• Universal legal standards for a life with dignity
• Instrumental to development strategies
• Addresses power inequalities and discrimination
• Deals with weaknesses in accountability systems
• Objective framework to manage conflicts and seek
  redress
• Institutional reasons (UN comparative advantage)
• Neutrality to deal with sensitive issues
• Holistic analysis and integral responses to
  problems

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The UN Common Understanding on the HRBA

• 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
• Human rights standards and principles guide all
  development cooperation and programming in all
  sectors and phases of the programming process
• 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

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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

• The realization of human rights is the ultimate
  goal of all development programmes.
• HRBA influences the identification of UN
  strategic priorities
• Programming is informed by the recommendations of
  International HR bodies and mechanisms

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Programming informed by Human Rights Mechanisms

• Treaty Bodies Special Procedures Observations
• Analysis of development issues from a HR lens
• eg. CESCR Concern about high maternal mortality
  rate in Guatemala
• Treaty Bodies Special Procedures
  Recommendations
• Are tools for UN programming to address problems
  identified
• eg. mainstream reproductive health in school
  curricula
• Treaty Bodies Special Procedures general
  comments
• Identifies the precise content of development
  objectives by clarifying the meaning of rights.
• eg. access to health-related education and
  information, including on sexual and reproductive
  health is part of right to health (GC14)

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2) Human rights standards and principles guide
all development cooperation and programming in
all sectors and in all phases of the programming
process

• Human Rights standards and principles improve the
  quality of outcomes and processes
• HR principles ensure that the development process
  creates a favourable environment and does not
  harm the realization of human rights

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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
ASSESSMENT ANALYSIS
PRIORITY SETTING
MONITORING AND EVALUATION
PROGRAMME PLANNING AND DESIGN
IMPLEMENTATION
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The HRBA in UN Programming
CCA
UNDAF
CPs
ME
Rights-based programmes
Rights-based analysis
Outcomes stated in rights terms
Rights-based ME
Strengthen the capacity of rights-holders and
duty-bearers
Empowered rights-holders and accountable
duty-bearers contribute to the realization of
human rights
Provide disaggregated information
on rights-holders
Establishes causal connections of
rights Identifies patterns of discrimination, ine
quality, and the most excluded Identifies the
capacity gaps of rights-holders and duty-bearers
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The HRBA in UN Programming
CCA
UNDAF
CPs
ME
Rights-based programmes
Rights-based analysis
Outcomes stated in rights terms
Rights-based ME

• TB and SP
• Recommend.
• Eg. Mainstream
• reproductive
• health in
• school
• curricula

HRs Standards TB general comment Eg. Access
to health related education and
information (CESCR CG14)
Maternal mortality is much higher amongst indigen
ous women

• TB / SP observations
• Eg. Concern about
• high maternal
• mortality
• rate in Guatemala

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Human Rights Standard
The minimum normative content of the right the
type of claims and obligations that the right
implies at the minimum in practice

• Examples
• The Right to Education includes free primary
  education and elements such as Availability,
  Accessibility, Acceptability and Adaptability
• Right to food food can be available, accessible,
  and affordable but if it is not culturally
  acceptable then the right to food would be
  violated

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Implications of HR standards in the programming
process

• Guide in identifying main development an human
  rights challenges in the assessment phase
• Help prioritize strategic choices
• Guide in defining development objectives
• guide the formulation of policies, laws,
  strategies and other appropriate measures in all
  sectors
• direct the establishment of corresponding
  benchmarks and indicators

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Human Rights Principles

• Universality and inalienability
• Indivisibility
• Interdependence and Inter-relatedness
• Equality and non-discrimination
• Participation and inclusion
• Accountability and rule of law

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HRBA Requires Higher Cultural Sensitivity

• Understanding beliefs and values facilitates the
  implementation of the HRBA
• Cultural sensitivity allows for higher degrees of
  programmatic ownership by communities
• However, cultural claims cannot be invoked to
  justify human rights violations
• Some cultural practices can be human rights claims

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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

• Focus on relation individuals-State
  (claims-obligations)
• Shifting development from service delivery as
  primary focus to building capacity to claim and
  fulfil human rights
• States require capacity to strengthen national
  protection systems and comply with their
  obligations

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Duty bearers
Accountability
Participation
Demandtheirrights
Fulfilltheirobligations
Rights holders
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Rights-holder and Duty-bearers

• 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

• Duty-bearers
• Much less
• 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

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The role of Capacity Development