A PRIMER TO THE RIGHT TO ADEQUATE FOOD LESSON 1. HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT

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1 A PRIMER TO THE RIGHT TO ADEQUATE FOOD LESSON 1. HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT NOTE Please note that this PDF version does not have the interactive features offered through the courseware interface such as exercises with feedback, pop-ups, animations etc. We recommend that you take the lesson using the interactive courseware environment, and use the PDF version for printing the lesson and to use as a reference after you have completed the course. page 1

2 Learning Objectives At the end of this lesson, you will be able to: understand the concept of human rights; understand the concept of human rights-based approach to development; understand how to use a Human rights-based approach in development programming. Introduction Human rights are the fundamental rights and freedoms essential for human survival, liberty and dignity, recognised by the global community and protected by international legal instruments. This lesson will show why human rights are important to achieve development and how a human rights-based approach can be used in national development planning. page 2

3 Introduction Let s consider the following example. Nadia and Omar work in the Development Policies Department of the Government. The Government has recently decided to promote human rights by strengthening the country s system for policy formulation and implementation. As part of this process, the department has decided to integrate a human rights perspective into their development planning. The new policy prescribes the integration of a human rights-based approach into our planning process... We need to know more about this... Yes. Maybe we should start by analyzing the concept of HUMAN RIGHTS. I already have some knowledge of that, as I attended a training course last year on the nature of government obligations for human rights Human Rights What are human rights? They are rights deemed inherent to the human person, the birth right of every man, woman and child, regardless of what race they have, where they live, under what jurisdiction, or where they are from. Examples of human rights are the right to adequate food and the right to liberty. Human rights are legally defined in international treaties and other instruments. Governments which have ratified these treaties have legal obligations to uphold and protect them in their countries. The History of Human Rights Click on the icon to see a mini-lesson on the history of human rights. page 3

4 Human rights before common era (BC) The history of human rights suggests that they have roots in most cultures and civilisations. Various religious texts like the Vedas, the Bible, the Qur'an and the Analects of Confucius all constitute some of the oldest written sources which address questions of people s rights and corresponding responsibilities. The first legal codex is reported to be that of Ur-Nammu, King of Ur, created in ca BC. Several other sets of laws were created in Mesopotamia including the Code of Hammurabi, (ca BC) which shows rules and punishments related to women's rights, children's rights and slave rights. Stele of Ur-Nammu Human rights before common era (BC) In the Persian Empire, Cyrus the Great established unprecedented principles of human rights in the 6th century BC. The Cyrus Cylinder The Cyrus Cylinder, discovered in 1879 and recognized by many today as the first human rights document, declared that citizens of the empire would be allowed to practice their religious beliefs freely, and abolished slavery. Three centuries later, in the Mauryan Empire of ancient India, Ashoka the Great established unprecedented principles of civil rights, and treated his subjects as equals regardless of their religion, politics or caste, and constructed free hospitals for both humans and animals. Ashoka defined principles such as non-violence, being liberal towards friends, humane treatment of servants (slavery was non-existent in India at the time), and generosity towards all. page 4

5 From 13th to 18th century In 1215 King John of England issued the Magna Carta, a document forced upon him by the Pope and English barons, which required him to renounce certain rights, respect certain legal procedures and accept that the will of the king could be bound by law. The Magna Carta became a powerful document on which constitutional law was founded in Britain and elsewhere. The Magna Carta Several 17th and 18th century European philosophers, most notably John Locke, developed the concept of natural rights, the notion that people possess certain rights by virtue of being human. Lockean natural rights did not rely on citizenship nor any law of the state, nor were they necessarily limited to one particular ethnic, cultural or religious group. From 13th to 18th century The two major revolutions that occurred in the United States (1776) and in France (1789), produced two declarations with vital importance for the development of the concept of human rights. U.S. Declaration of Independence The United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Declaration of the Rights of Man and of the Citizen Similarly, the Declaration of the Rights of Man and of the Citizen defines a set of individual and collective rights of the people. These are held to be universal - it sets forth fundamental rights not only of French citizens but acknowledges these rights to all men without exception. page 5

6 From 18th to 20th century Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries. In 1849 Henry David Thoreau wrote about human rights in his treatise On the Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. The history of human rights as international legal rights started however with the establishment of the United Nations. The UN Charter put human rights at the very centre of its existence, demanding the commitment of all UN members to human rights. The Universal Declaration of Human Rights was adopted by the General Assembly on 10 December 1948 and laid the cornerstone of the international human rights system. The declaration includes fundamental rights to life, liberty, and security as well as a broad range of civil, political, economic, social, and cultural rights. Since then, over 200 international legal human rights instrument have been adopted. Eleanor Roosevelt, Chairperson of the UN Commission on Human Rights in 1948 From 18th to 20th century CIVIL AND POLITICAL RIGHTS HUMAN RIGHTS ECONOMIC, SOCIAL AND CULTURAL RIGHTS The Universal Declaration of Human Rights recognized various civil, cultural, economic, political and social rights. With the onset of the Cold War in the 1950s as well as because of perceived differences between civil and political rights on the one hand and economic, social and cultural rights on the other, two treaties were instead drafted and adopted. The logic of differentiating between the two sets of rights was soon called into question. In the Vienna Declaration of Human Rights adopted by the 1993 World Conference of Human Rights, all governments affirmed that all human rights are universal, indivisible, interdependent and interrelated. page 6

7 Human Rights What do you already know about human rights? Let s consider the following sentences. Are they true or false? Only individuals have human rights. Corporations, associations and states have human rights. Only states can be held accountable for human rights violations. Non-state actors such as organizations, companies and individuals can be held accountable for human rights violations. Non-state actors such as organizations, companies and individuals have responsibilities which do not amount to legally binding obligations. Individuals also have the responsibility to realize their own human rights. TRUE FALSE Please select the options of your choice Human Rights Only states have legal obligations, even if all members of the society have responsibilities, and only individuals have human rights. However, the exercise of many rights, for instance cultural rights, is only meaningful as part of a group. Other examples of group rights are the right of peoples to selfdetermination and the right to be free from genocide, which is the extermination of a group as a group. Therefore, the term collective rights is often used as well. page 7

8 Group Rights and Human Rights International human rights law generally talks about rights of persons belonging to minorities rather than minority rights. The International Covenant on Civil and Political Rights states in Article 27: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language". The United Nations Declaration on the Rights of Indigenous Peoples states in Article 1: Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms. Article 7:2 states: Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. On the other hand, the declaration does not say that these rights are human rights. One of the final clauses, Article 46:2 states: In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. Human Rights Legal obligations of states can be divided into three levels: to respect, to protect and to fulfil human rights. OBLIGATION TO RESPECT To respect means not to interfere with the enjoyment of human rights. OBLIGATION TO PROTECT To protect means to take steps to ensure that third parties do not interfere with the enjoyment of human rights. OBLIGATION TO FULFIL To fulfil means: to facilitate - to engage proactively in activities that strengthen people s ability to meet their own needs; and to provide - to ensure the provision of goods and services for those who cannot provide for themselves. page 8

9 Human Rights All human rights - civil, cultural, economic, political and social - are universal, indivisible, interdependent and interrelated. This combines civil and political rights with economic and social rights, which had been divided since the Sixties until the Vienna Declaration of Human Rights in This also points to the links between many human rights and the rule that one set of rights cannot be negotiated against another. The universality of human rights means that human rights are the same for everyone, no matter who they are or where, or under what jurisdiction, they live. The principle of indivisibility acknowledges that human rights cannot be separated from one another. The principles of interdependence and interrelatedness acknowledge, respectively, that rights impact upon each other and that a right cannot be fully achieved without the fulfilment of all other rights. Human Rights Can you combine the following examples with the relevant principles? A The Right to Food cannot be fully realized if the Right to Health is not realized. An Indian man and a Russian woman have the same human rights, in India as well as in Russia. UNIVERSALITY INDIVISIBILITY 1 For an individual, the realization of the Right to Food has the same importance as the realization of all the other human rights. INTERRELATEDNESS Click on each option and drag it to the correct box. Then click on Check Answer. page 9

10 Human Rights-based Approach Now I understand that all individuals have human rights that are universal, indivisible and interrelated and that states are obliged to respect, protect and fulfil these rights. What is not clear to me is: How can this impact on our approach? Let s have a look at how the human rightsbased approach can be applied to development... Human Rights-based Approach First of all: How can we define the concept of DEVELOPMENT? How would you define the concept of development? Economic growth leading to increased national wealth or production, aiming at material prosperity for all individuals. An economic, social, cultural and political process, aiming at the constant improvement of the wellbeing of all individuals. Please select the answer of your choice page 10

11 Human Rights-based Approach Development is a wide concept that generally refers to a positive change, in particular increased wealth and opportunities. Today, development is no longer defined in terms of increased national wealth or production alone, but includes education, health and life expectancy. The concept of sustainable development seeks to balance the well-being of present generations with that of future generations. Development is also a human right in itself, as stated in the Declaration on the Right to Development and has its roots in the Universal Declaration of Human Rights. The Millennium Declaration was acclaimed by 189 member states of the UN General Assembly in The Millennium Development Goals (MDGs) are the eight goals of development derived from the Millennium Declaration. Human Rights-based Approach The Declaration on the Right to Development The Declaration on the Right to Development sees development as a comprehensive economic, social, cultural and political process, aiming at the constant improvement of the well-being of the entire population and of all individuals. It also established that any denials of civil, cultural, economic, political and social rights are serious obstacles to development in any society. The Declaration pioneered the notion that people should be at the centre of development. page 11

12 Human Rights-based Approach Eradicate extreme poverty and hunger Target 1: Halve, between 1990 and 2015, the proportion of people whose income is less than one dollar a day Target 2: Halve, between 1990 and 2015, the proportion of people who suffer from hunger Achieve universal primary education Target 3: Ensure that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling Promote gender equality and empower women Target 4: Eliminate gender disparity in primary and secondary education, preferably by 2005, and in all levels of education no later than 2015 Reduce child mortality Target 5: Reduce by two-thirds, between 1990 and 2015, the under-five mortality rate Improve maternal health Target 6: Reduce by three-quarters, between 1990 and 2015, the maternal mortality ratio Combat HIV/AIDS, malaria and other diseases Target 7: Have halted by 2015 and begun to reverse the spread of HIV/AIDS Target 8: Have halted by 2015 and begun to reverse the incidence of malaria and other major diseases Human Rights-based Approach Ensure environmental sustainability Target 9: Integrate the principles of sustainable development into country policies and programmes and reverse the loss of environmental resources Target 10: Halve, by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation Target 11: By 2020, to have achieved a significant improvement in the lives of at least 100 million slum dwellers Develop a global partnership for development Target 12: Develop further an open, rule-based, predictable, non-discriminatory trading and financial system. Includes a commitment to good governance, development and poverty reduction both nationally and internationally Target 13: Address the special needs of the least developed countries Includes: tariff and quota free access for the least developed countries' exports; enhanced programme of debt relief for heavily indebted poor countries (HIPC) and cancellation of official bilateral debt; and more generous ODA for countries committed to poverty reduction Target 14: Address the special needs of landlocked developing countries and small island developing States (through the Programme of Action for the Sustainable Development of Small Island Developing States and the outcome of the twenty-second special session of the General Assembly) page 12

13 Human Rights-based Approach Develop a global partnership for development Target 15: Deal comprehensively with the debt problems of developing countries through national and international measures in order to make debt sustainable in the long term Target 16: In cooperation with developing countries, develop and implement strategies for decent and productive work for youth Target 17: In cooperation with pharmaceutical companies, provide access to affordable essential drugs in developing countries Target 18: In cooperation with the private sector, make available the benefits of new technologies, especially information and communications Human Rights-based Approach A human rights-based approach to development should aim at realizing human rights, and be consistent with human rights in the process. The following principles are a useful shorthand for the process part: Participation People should be able to determine their own well-being and participate in the planning, design, monitoring and evaluation of decisions concerning their development and the reduction of their poverty. STATE Accountability It should be acknowledged that the state has international legal obligations to guarantee human rights. States are accountable for their actions to individuals and should be answerable. Non-discrimination and attention to vulnerable groups Discrimination in the enjoyment of human rights is prohibited on any ground, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Particular attention needs to be given to those groups who cannot enjoy their rights as fully as other groups. page 13

14 Human Rights-based Approach Participation People should be able to participate on macro policy issues and development and in national planning. Rights-based approaches require a high degree of participation, including from communities, civil society, minorities, indigenous peoples, women and others. A human rights-based approach seeks both to assist in the participatory formulation of the needed policy and legislative framework, and to ensure that participatory and democratic processes are institutionalized locally and nationally (including through capacity-building among families, communities and civil society to participate constructively in relevant forums). According to the UN Declaration on the Right to Development, such participation must be active, free and meaningful. Accountability Accountability is fundamental to the transformation of democratic structures into functioning democracies and the translation of human rights law into practice. Accountability is manifested through a wide range of legal, political, social and economic processes and can take on a wide variety of formal and informal expressions. Legal procedures, including criminal prosecutions, have often been viewed as the classic means of promoting accountability, but non-legal means are equally necessary to the full expression of accountability, such as internal administrative accountability and political accountability. It encompasses action to ensure human rights as well as action to assign responsibility for violations against human rights; and it applies to the action, and often the inaction, of States, intergovernmental institutions, and private individuals, groups, organizations and enterprises. Human Rights-based Approach Non-discrimination and attention to vulnerable groups Non-discrimination ensures that all individuals in society can equally enjoy their human rights. For this to become reality, particular attention needs to be given to those individuals who owing to physiological, socio-political and socio-economic reasons, such as for instance children, elderly people, women, certain ethnicities in certain societies, certain occupational groups, cannot enjoy their right as fully as others. Therefore, development data need to be disaggregated, as far as possible, by race, religion, ethnicity, language, sex and other categories of human rights concern. If data is disaggregated, one can measure who in society enjoys what rights, and better assist particularly vulnerable groups. Equality involves recognising differences and treating different groups differently so that they will eventually end up on the same footing. Equality must also be provided on different levels: in law and in opportunity, and it also must ensure equality in outcomes. Therefore, positive discrimination, or affirmative action, where a previously neglected, marginalized or discriminated group obtains certain privileges to achieve the same footing as other groups, can be necessary. page 14

15 Human Rights-based Approach Moreover: STATE Transparency The rights-holders need to have the necessary information about the decision-making process and who is accountable and responsible for what. Human dignity This concept is meant to convey an idea of absolute and inherent worth of the human being. STATE Empowerment People should have the power, capacities, capabilities and access needed to change their own lives, including the power to seek from the state remedial actions for violations of their human rights. Rule of law - Every member of a society, even a ruler, must follow the law. It envisages a legal system in which rules are clear, well-understood, and fairly enforced. Transparency Human Rights-based Approach Policy, legislation, regulations and budgets should be formulated that clearly determine the particular human rights to be addressed and ensures the availability of needed capacities or resources to build the lacking capacities. Policies and project information should be available to everyone, in accessible formats and minority languages as needed. In this way, a rights-based approach requires a shift from providing services to providing information. As such, access to qualitative and disaggregated data becomes important for prioritizing which human rights should be targeted through interventions. Similarly, the involvement of all stakeholders improves transparency, increasing the likelihood that any new information collected for the intervention will support the fulfilment of rights. Transparency cannot exist as a purely one-way communication. If the media and the public know everything that happens at all stages of government, people who are interested in a certain issue will try to influence decisions and programmes. Transparency therefore enhances participation in the political processes by media and the public. Human Dignity Development policies and programmes should address individuals in a dignified way, with full respect for the human person and in no way humiliate her by inappropriate means of action. page 15

16 Human Rights-based Approach Empowerment Empowerment may be described as a continuous process that enables disempowered groups and individuals to redefine their roles in ways which extend their possibilities for being and doing, particularly where they have been restricted compared to another group or person. Rule of Law The rule of law is one of the main tools for keeping duty-bearers accountable. In the context of human rights, human rights law is the most important law that should govern decisions and policies. Human rights are seen as a component of the rule of law, and vice versa. Human Rights-based Approach To summarize, can you identify the following human rights principles? A Human rights must be guaranteed to everyone, independent of their social origin, 1 gender, language, etc. Human dignity People must be able to contribute to the development of programmes and policies. The individual is a holder of human rights and must be treated with respect. The state has legal obligations to act for development and is responsible for its action. Individuals should have the power and capacity to claim their human rights. Policies and project information should be available to everyone, in accessible formats. A well-understood legal system must be in place. Accountability Empowerment Non-discrimination Participation Rule of law Transparency Click on each option and drag it to the correct box. Then click on Check Answer. page 16

17 Human Rights-based Approach A human rights-based approach to development puts individuals first. It promotes human-centred development and stresses liberty, equality and empowerment, and adds a legal dimension to traditional development approaches. The achievement of human rights is both a component of development and a tool to achieve it. For example, eliminating discrimination against women is desirable in its own right, and also a necessary condition for the material well-being of the poor to increase. A rights-based approach addresses both the process and the outcomes of development. Analysis, process and outcome In conventional development approaches only the outcome matters, while in the rights-based approach the process is just as important. The human rights approach to development is at once: A tool for analysis: it emphasizes underlying inequalities and discrimination which prevents the development of the poorest. A process: it is an holistic and people-centred process which is based on legal norms and accountability. An outcome: that is the empowerment of individuals to achieve their full potential and the freedom to make the most of opportunities. page 17

18 Human Rights-based Approach The following three points summarize the meaning of a human rights-based approach to development: HUMAN RIGHTS DEVELOPMENT 1) all development programmes should further the realization of human rights; HUMAN RIGHTS DEVELOPMENT PLANNING 2) human rights should guide all sectors and phases of development cooperation and planning; STATE 3) development cooperation should contribute to the capacity of duty-bearers to meet their obligations and/or of rights-holders to claim their rights. What the human rights-based approach to development means These three points are included in The Human Rights Based Approach to Development Cooperation: Towards a Common Understanding Among UN Agencies popularly called The UN Common Understanding which was developed in 2003, and is an attempt to arrive at a shared understanding within the UN system of what the human rights-based approach to development means. Human Rights-based Approach Using Human Rights to achieve the Millennium Development Goals As the foremost targets of development work today, the achievement of the MDGs is strengthened by the use of human rights by: making the goals more legitimate by building upon the human rights obligations that governments have voluntarily undertaken when signing various treaties and conventions; making use of the power and mobilizing potential of human rights language words such as rights and duties are stronger than words such as goal ; making the strategies to meet the goals work in the long-term and address root causes of poverty and underdevelopment, such as patterns of discrimination and lack of accountability; building participatory and empowering strategies upon civil and political rights; and strengthening the transparency and accountability of efforts to meet the goals by involving human rights processes and institutions, such as courts, national human rights institutions, informal justice systems and mechanisms at the international level. page 18

19 Human Rights-based Approach Human rights guarantee that everyone has the legal right to take part in and enjoy the benefits of development. They also introduce the important idea that some actors, such as the state, have obligations to ensure that development is fostered. Where previous development processes might merely have studied the needs of people or measured certain economic benefits, human rights give people the possibility to make legally binding claims that specific duty-bearers must provide. This also means that when some human rights are not realized, the responsibilities of different actors can be analysed and accounted for. Human Rights-based Approach A human rights-based approach can result in more effective and sustainable development processes and results. In particular it offers: Enhanced accountability It identifies specific duties and duty-bearers so that development moves from the realm of goodwill, charity and politics to that of obligation. A human rights-based approach helps to formulate policy, legislation, regulations and budgets that clearly determine the particular human rights to be addressed what must be done and to what standard, who is accountable and ensures the availability of needed capacities. The approach helps to make the policy formulation process more transparent, and build capacities of people and communities to hold those who have a duty to act accountable, ensuring effective remedies where rights are violated, and build capacities of duty-bearers to uphold the rights. Higher levels of empowerment and participation It puts individuals in charge of development. Local ownership and participation are fundamental to make improvements last long-term. A human rights-based approach seeks both to assist in the participatory formulation of the needed policy and legislative framework, and to ensure that participatory and democratic processes are institutionalized locally and nationally. A policy agreed to through participation reflects the consensus between those whose rights are to be implemented and those with a duty to act. page 19

20 Human Rights-based Approach Improving the situation of the poorest It focuses on the realization of the rights of the excluded and marginalized populations. Greater clarity of what is needed It provides the international instruments and mechanisms, which list and define the content of development, including the requirements of, for example, health, education, housing and governance. International standards in the form of treaties, declarations, guidelines and bodies of principles are public and readily accessible tools describing in detail the institutional and developmental requirements of the various guaranteed rights. Easier consensus and increased transparency It bases development objectives, indicators and plans on the agreed and universal standards of the international human rights instruments rather than on imported foreign models and partisan or arbitrary approaches. This makes national development processes less politicized and more transparent. Safeguards against unintentional harm by development projects It includes measures of protection against violations of human rights organically incorporated in development plans, policies and projects from the outset, which makes harm caused by development agreements preventable. Human Rights-based Approach More effective and complete analysis It reveals all concerns of the poor themselves, including the phenomena of powerlessness and social exclusion, not only economic indicators. A more thorough analysis yields better responses and better results. A human rights-based approach takes a holistic view of its environment, considering the family, the community, civil society, local and national authorities. It considers the social, political and legal framework that determines the relationship between individuals and institutions, and the resulting claims, duties and accountabilities. A more authoritative basis for advocacy and for claims on resources It offers international legal obligations and national commitments which empowers the arguments of development advocates to have, for example, basic social services given priority over military expenditure. page 20

21 Using a Human Rights-based Approach in Development Programming What is the practical contribution of a human rights-based approach to development PROGRAMMING? In planning, human rights serve as the basis for all stages: In assessment and analysis, to identify the human rights claims of rightsholders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying and structural causes of the non-realization of rights. In programme formulation, where human rights help to formulate minimum standards and boundaries, such as giving priority to the most vulnerable and poor; and set goals based on the full enjoyment of human rights. In monitoring and evaluation of both outcomes and processes, according to human rights standards and principles. Using a Human Rights-based Approach in Development Programming Situation analysis Human rights help address the root causes of poverty by looking at the power distribution: who has rights, who might be denying other people their rights, and who owes obligations to others, such as the State to the individual. In that way, practitioners can investigate what institutions and processes in society influence the livelihoods situation of the most vulnerable and disadvantaged. The assessment also consider the capacity of rights-holders to claim their rights, and of duty-bearers to fulfil their obligations. Sometimes this means to move beyond one sector of programming, such as health or agriculture, and to work in a collaborative manner with practitioners in other sectors on the root causes of poverty. page 21

22 Using a Human Rights-based Approach in Development Programming Monitoring of programmes A human rights-based approach makes the setting of quantitative and qualitative indicators to monitor the achievement of human rights participatory, and allows all stakeholders, also the rights-holders themselves, to assess programmes. Human rights standards should also guide the selection of the indicators. Example: Selection of indicators A food security programme should ensure that all elements of the right to food, such as food adequacy, availability and accessibility and stability of supply are included in the indicators chosen. The Millennium Development Goals have a number of socio-economic indicators which can help to monitor the progressive realization of many economic and social rights; such as proportion of the population below minimum level of dietary energy consumption (MDG1) and literacy rate of year olds (MDG2). A human rights-based approach furthermore demands the use of disaggregated data, in order to ensure non-discrimination and attention on respecting, protecting and fulfilling the human rights of those most vulnerable, and to ensure that all individuals rights are reflected in the monitoring process. Using a Human Rights-based Approach in Development Programming Let s look at some examples of using human rights principles in planning For example, I just started to implement the principle of NON- DISCRIMINATION, by focusing on methods, activities and outcomes that strengthen this human rights principle. Methods of planning Strengthen capacities for data collection and analysis and ensure that data is disaggregated according to race, sex, and geographic location, etc, as far as possible. PROCESS Intervention activities Advocate temporary special measure to rectify structural discrimination, including affirmative action for women and special forums for participation. OUTCOMES Activities reach all rightsholders, also those usually discriminated against, marginalized, or particularly vulnerable. page 22

23 Using a Human Rights-based Approach in Development Programming Non discrimination: another method Make project information available in accessible formats and minority languages. Non discrimination: another activity Support civic education, communication campaigns, law reforms and institutional strengthening to foster non-discriminatory attitudes and a change in behaviour. Non discrimination: other outcomes Both duty-bearers and rights-holders educated and informed about discriminatory practices and how they can be changed. Less discriminatory practices in the society at large. Using a Human Rights-based Approach in Development Programming Omar has done the same exercise focusing on the participation principle. Below you can see an example of the identified methods, activities and outcomes. Can you classify them? A Methods of planning PROCESS Intervention activities OUTCOMES 1 Make policies and project information available in accessible formats and in minority languages as needed. Project designed and implemented with the participation of all stakeholders concerned. Civic education and human rights awarenessraising as cross-cutting components of development programmes. Click on each option and drag it to the correct box. Then click on Check Answer. page 23

24 Using a Human Rights-based Approach in Development Programming Let s have a look at another example which applies the principle of accountability: Methods of planning Use qualitative data as a supplement to quantitative data to reveal whether particular policies are helping to achieve the desired behaviour change. Ensure that participatory monitoring takes place on an ongoing basis throughout development programmes. Undertake social impact analysis, including gender analysis, throughout the course of the programme. PROCESS Intervention activities Raise awareness of rights and responsibilities, and develop the capacities of duty-bearers at central and local levels to fulfil their obligations according to international human rights standards. Involve stakeholders in analysis, programme planning, implementation and reviews. Build relationships between rights-holders and duty-bearers by working together. OUTCOMES Programmes and projects continuously monitored for correct impact and efficiency. All stakeholders have access to information necessary to keep the institutions in charge accountable. Duty-bearers with incentives to perform better. Accountability mechanisms strengthened. Using a Human Rights-based Approach in Development Programming Accountability other methods Ensure that programming processes are coordinated with those of other agencies and donors, priorities are aligned with national priorities and delivery is through national systems rather than project implementation units. Make information available on stakeholders entitlements under the project or programme, including any grievance address mechanisms. Accountability other activities Increase the incentives for better performance by duty-bearers, through for example educating people about their rights, creating broader alliances for social change in society, promoting transparent budgeting and building capacities for budget analysis, supporting advocacy for information and statistics necessary to monitor the realization of human rights. Strengthen central and local accountability mechanisms-judicial, quasi-judicial and administrative, including national human rights institution. Foster greater knowledge of and buy-in into the national reporting processes under the international human rights treaties and encourage greater recourse to international petition procedures available under the international human rights treaties. page 24

25 Using a Human Rights-based Approach in Development Programming Finally, it is important to realize that the human rights language is powerful, both in positive and negative ways, and that it should be used correctly and according to the situation. A human rights-based approach is designed to change unequal power dynamics in society. In doing so, it is important to analyse the existing power relations, as they continually change and sometimes are invisible. Groups that have been disadvantaged for a long time can even be reluctant to accept that they have rights that they can claim. Likewise, human rights can be a controversial topic. Listening to the people involved is usually a good beginning. Documenting good practices can help to overcome prejudice or biases. Using a Human Rights-based Approach in Development Programming Advice for International Agencies Particular advice for international agencies working in development has been given by the Committee on Economic, Social and Cultural Rights. This included avoiding involvement in projects which, for example, involve the use of forced labour in contravention of international standards, which promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or which involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation. Agencies should instead act as advocates of projects and approaches that contribute not only to economic growth or other broadly defined objectives, but also to enhanced enjoyment of the full range of human rights. page 25

26 Summary Human rights are the fundamental rights and freedoms essential for human survival, liberty and dignity recognised by the global community and protected by international legal instruments. Even if all members of the society have responsibilities, only states have legal obligations. They can be divided into three levels: to respect, protect and fulfil human rights. All human rights are universal, indivisible, interrelated and interdependent. A human rights-based approach to development incorporates the following principles: Participation, Accountability, Non-discrimination, Transparency, Human Dignity, Empowerment, Rule of law (FAO has chosen the mnemonic PANTHER for ease of communication). A human rights-based approach to development puts individuals first. In programming, human rights serve as the basis for all stages: in the analysis of the situation, in programme formulation, in monitoring and evaluation. If you want to know more... Online Resources Human rights-based approach ( "Frequently asked questions on a human rights-based approach to development cooperation," Office of the United Nations High Commissioner for Human Rights, ( "The Human Rights Based Approach to Development Cooperation-Towards a Common Understanding Among UN Agencies," ( "Indicators for monitoring the Millennium Development Goals - Definitions, Rationale, Concepts and Sources," United Nations Development Group, ( "Integrating Human Rights into Development - Donor Approaches, Experiences and Challenges," OECD, Executive Summary: ( "What can we do with a rights-based approach to development?", Overseas Development Institute ( Additional Reading Freeman, Michael: Human Rights - An Interdisciplinary Approach. Polity Press Sen, Amartya: "Human rights and economic achievements." In J.R. Bauer and D.A. Bell (eds) "The East Asian Challenge for Human Rights," Cambridge University Press, 88-99, Cambridge, Shue, Henry. "Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy" (Second edition). Princeton University Press, Steiner Henry J and Philip Alston: International Human Rights in Context - Law, Politics Morals. Second edition. Oxford University Press page 26