Frequently Asked Questions on Human Rights-Based Approach

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y national legislation, plans and policies, and relevantrecommendations of the treaty bodies. Specific objectives(or UNDAF outcomes) imply a medium time horizon.Example of UNDAF outcomes that reflecthuman rights-based approach principlesGUYANA (UNDAF, 2006–2010)In Guyana, the UNDAF outcomes and country programmeoutcomes reflect equitable access with clear, time-bound targetsessential for monitoring the realization of human rights and foraccountability. See outcome 1: “By 2010 there will be at leasta 10 per cent increase in the proportion of Guyanese accessingquality services in education, health, water and sanitation,and housing, with capabilities enhanced to maximize availableopportunities.”This UNDAF outcome promotes quality services, rather thancoverage alone, consistent with international human rightsstandards. While it could have been strengthened further to focusexplicitly on the most disadvantaged groups, it is noteworthy inrecognizing capability improvement and the importance of peoplebeing able to claim their rights.For a more detailed discussion of the United Nations Development Group’s appraisalof this and other UNDAFs from a human rights perspective, see http://www.undg.org.UNICEF Costa Rica – moving beyond atraditional “sectoral” focusThe UNICEF country programme in Costa Rica for 1992-1996reflected a classical sectoral approach, focusing on: (1) socialpolicy, (2) education, (3) water and environmental sanitation,(4) health, and (5) children in especially difficult circumstances.Programme structure evolved markedly in response to therequirements of a human rights-based approach, leaving behind thesectoral approach. The programming priorities in 2002-2006 are:1. Rights approach in socialmanagement and justice• National Child Councilcapacity-building;• National Child WelfareBoard capacity-building;• Local rights boards;• Support Supreme Courtspecial laws.2. Active citizenship for childand adolescent rights• Assist civil society andadolescents’ organizations;• Partnership with publicand private sectors infund-raising.Source: Mahesh Patel, “Lessons Learned and the Way Forward, based on HumanRights Approaches Case Studies and Discussions”, presentation at UNDP/OHCHRRegional Consultation, http://www.un.or.th/ohchr/SR/Regional_Office/forums/llp_regional_consultation/DAY%202/mahesh%20patel/Human%20Rights%20Lessons%20Learned%20Presentation5.ppt.Finally, country programme outcomes should be gearedtowards the institutional, legal or policy changes necessaryfor desired behaviour change. The CCA capacity gapanalysis—informed by relevant recommendations of thetreaty bodies—should indicate the capacities necessaryfor duty-bearers to respond to claims, and for rights-holders(especially the most disadvantaged) to demand andadvocate the exercise of their rights. Country programmeoutcomes are defined for a short time horizon.28 Does a human rights-basedapproach bring anything new tocapacity development?Yes. Building the capacities of people to claim their rights,and of duty-bearers to fulfil their obligations, requiressome of the strategies already well known in developmentpractice along with others that are new.Capacity development has become a dominant strategyin development cooperation. Capacity in this context canbe understood as the ability of individuals, organizationsand societies to perform functions, solve problems, andset and achieve goals. Capacity development entails thesustainable creation, use and retention of that capacity inorder to reduce poverty, increase self-reliance and improvepeople’s lives. It builds on and harnesses rather than replacesindigenous capacity. It is about promoting learning,29
oosting empowerment, building social capital, creatingenabling environments, integrating cultures, and orientatingpersonal and societal behaviour. 26Under a human rights-based approach to programming, thefollowing components are integral to capacity development: 27Responsibility/motivation/commitment/leadership. Thisrefers to things that rights-holders and duty-bearersshould do about a specified problem. Information,education and communication strategies help topromote a sense of responsibility for realizing humanrights. Ensuring pluralistic and free media, a vibrantcivil society, effective oversight mechanisms and accessto remedies (judicial, administrative and politicallevel) for violations are equally vital;Authority. This refers to the legitimacy of an action,when individuals or groups feel or know that they maytake action. Laws, formal and informal norms andrules, tradition and culture largely determine what isor is not permissible. National laws must be harmonizedwith international human rights treaty commitmentsand duties clearly spelled out;Access to and control over resources. Knowledgethat something should and may be done is often notenough. Moreover, the poorest are seldom able toclaim their rights as individuals, but need to be ableto organize. “Capacity” must therefore also includethe human resources (skills, knowledge, time, commitment,etc.), economic resources and organizationalresources influencing whether a rights-holderor duty-bearer can take action.Capacities for meaningful participation are essential undera human rights-based approach, and strengthened capacitiesfor statistical and budget analysis will often be neededto monitor the progressive realization of human rights.2627See http://www.undp.org/capacity/.Adapted from Urban Jonsson, Human Rights Approach to Development Programming(Nairobi, UNICEF, 2003), pp. 52-53.29 What do human rights contributeto the selection of indicators formonitoring development programmes?Both quantitative and qualitative indicators should be set tomonitor the achievement of human rights through developmentprogrammes. Indicator selection and monitoring shouldbe participatory, allowing stakeholders to assess progress.Human rights standards should guide the selection of indicators.A water and sanitation project, for instance, shouldensure that the various elements of the right to water, includingavailability and quality of water, physical accessibility, affordability,information accessibility and non-discrimination,are monitored. 28 The socio-economic indicators reflected inthe Millennium Development Goals can help to monitor theprogressive realization of many economic and social rights.When developing indicators to monitor the achievements ofa human rights-based approach at the national level, threeclusters could be used: structural, process and outcome indicators.Outcome indicators reflect summary information onthe state of realization of a human right. Process indicatorsidentify information that relates particular policy instrumentsto “milestone outcomes” that contribute to the protection andprogressive realization of human rights. Finally, structural indicatorscapture information reflecting the legal and institutionalframework for the realization of the human right.28See general comment No. 15 of the Committee on Economic, Social andCultural Rights, http://www.ohchr.org/english/bodies/cescr/comments.htm.30
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Page 4 and 5: FOREWORDAt the dawn of the new mill
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Page 8 and 9: IHUMAN RIGHTS1 What are human right
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Page 12 and 13: existence and self-determination, t
Page 14 and 15: IIHUMAN RIGHTS AND DEVELOPMENT8 Wha
Page 16 and 17: 10 What is the relationship between
Page 18 and 19: 13 Does the realization of humanrig
Page 20 and 21: Increasing transparency and social
Page 22 and 23: IIIA HUMAN RIGHTS-BASED APPROACH- D
Page 24 and 25: 4. Participatory process. Accountab
Page 26 and 27: systems, a human rights-based appro
Page 28: “Political” challenges in devel
Page 31 and 32: the grounds of race, colour, sex, e
Page 33 and 34: Ensure that programming processes a
Page 35: Development agencies may need to mo
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Page 44: 3. Programmes of development cooper
Page 47: 15. OHCHR, “Draft guidelines: a h

Frequently Asked Questions on Human Rights-Based Approach

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