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on a framework of rights and duties and stresses the obligation, especially of States, to respect, apply and
protect these rights, even in situations of emergency. In May 2003, the United Nations Development Programme
(UNDP) issued a “Statement of Common Understanding” in which it explained that: “in a human
rights-based approach, human rights determine the relationship between individuals and groups with valid
claims (rights-holders) and State and non-state actors with correlative obligations (duty-bearers). It works
towards strengthening the capacities of rights-holders to make their claims, and of duty-bearers to meet
their obligations 109 .” Box 18 reflects the main objectives of a rights-based approach.
BoX 18 - Main objectives of a rights-based approach 110
- Strengthen the understanding of rights, i.e., understanding the location, forms and perpetrators
of rights violations; recognizing who is vulnerable and assessing degrees of vulnerability; and recognizing
existing power imbalances in society;
- Ensure accountability and transparency by identifying rights-holders (and their entitlements) and
corresponding duty-bearers (and their obligations);
- Build capacities for the realization of rights so that rights-holders can make claims and dutybearers
can meet their obligations;
- Facilitate the active and meaningful participation of multiple stakeholders, including people who
directly benefit from projects through access to development processes and institutions, improved
information, legal redress, and other positive strategies;
- Create a sense of ownership of development processes through strategies of empowerment
that focus on rights-holders both directly and through their advocates and civil society organizations;
and
- Encourage the expression of rights through different mediums of communication and interaction
with people across regions.
To put this concept into practice in an emergency context requires that a clear distinction be made between
“rights” and “needs.” Thus, the basic need for water and sanitation to be able to live in dignity is
seen as a fundamental human right, which, in turn, implies that when humanitarian agencies engage with
people, for the latter this is not a privilege, not charity, but a right. Another critical feature of a rights-based
approach is that it requires a high degree of effective participation of partners in and beneficiaries of programmes.
Furthermore, translating people’s water needs into rights involves reforms in law, policies and
practices and prepares for the transition from emergency to development by focusing on long-term and
sustainable change.
Unlike needs, rights are accompanied by corresponding duties to act. States, as the first duty-bearers in
terms of human rights, have a broad range of water and sanitation related obligations. As previously mentioned,
they are required to call for assistance from the international community if they are unable to fulfil
their obligations. In the same way, the international community has a duty to respond to a state’s call for
assistance, which would then clearly show the link to advocacy. In so doing, this approach also provides
a valid basis upon which to hold all relevant actors accountable, especially States. National mechanisms,
109/ The Human Rights Based Approach to Development: Towards a Common Understanding Among the UN Agencies,
UNDP, New York, 2003
110/ Kapu (A.) and Duvvuny (N. A.) Rights-based Approach to Realizing Economic and Social Rights of Poor and Marginalised
Women. A synthesis of lessons learned. International Center of Research on Women Report, 2006
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