A Rights-Based Approach to Racial Equity Work. By Emily Farell and Sarah Herder June 24 th, 2015

Transcription

1 A Rights-Based Approach to Racial Equity Work By Emily Farell and Sarah Herder June 24 th, 2015

2 THE ADVOCATES FOR HUMAN RIGHTS

3 Agenda HUMAN RIGHTS AND RACIAL EQUITY HUMAN RIGHTS CASE STUDY APPLYING A HUMAN RIGHTS APPROACH

4 HUMAN RIGHTS AND RACIAL EQUITY

5 HUMAN RIGHTS AND RACIAL EQUITY

6 Universal Declaration of Human Rights In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) 48-0 with 8 abstentions HUMAN RIGHTS AND RACIAL EQUITY

7 Why Are Human Rights Important? Article 1 of the Universal Declaration of Human Rights: All human beings are born equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. HUMAN RIGHTS AND RACIAL EQUITY

8 Who has human rights? A. A criminal B. An illegal immigrant C. A citizen D. All of the above E. None of the above HUMAN RIGHTS AND RACIAL EQUITY

9 Human Rights Characteristics: Universal Inalienable Interconnected Indivisible Non-discriminatory HUMAN RIGHTS AND RACIAL EQUITY

10 INTERNATIONAL BILL OF HUMAN RIGHTS Universal Declaration of Human Rights International Covenant on Economic, Social, and Cultural Rights International Covenant on Civil and Political Rights International Convention on the Elimination of All Forms of Racial Discrimination HUMAN RIGHTS AND RACIAL EQUITY

11 International Convention on the Elimination of All Forms of Racial Discrimination Article 2 states that Governments shall: condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races. HUMAN RIGHTS AND RACIAL EQUITY

12 Who enforces international human rights standards? A. The International Red Cross B. The governments of individual countries C. The United Nations D. Nongovernmental human rights organizations HUMAN RIGHTS AND RACIAL EQUITY

13 Government Obligations RESPECT Governments must not deprive people of a right or interfere with persons exercising their rights. PROTECT Governments must prevent private actors from violating the human rights of others. FULFILL Governments must take positive action to facilitate the enjoyment of basic human rights. HUMAN RIGHTS AND RACIAL EQUITY

14 How Can States Ensure Racial Equity? change laws and programs to better protect rights promote economic policies that enable equality ensure more effective enforcement of laws against rights violations allocate more resources for poor, marginalized and at-risk people provide human rights education to change awareness, attitudes, behaviors, and values improve the quality and responsiveness of institutions and services create opportunities for greater participation by the public gather better data about people and the fulfillment of their rights HUMAN RIGHTS AND RACIAL EQUITY

15 HUMAN RIGHTS AND THE UNITED STATES HUMAN RIGHTS AND RACIAL EQUITY

16 Treaties U.S. HAS Ratified Slavery Convention (1929) All Four Geneva Conventions (1955) Refugee Convention and Protocol (1968) Genocide Convention (1988) Covenant on Civil and Political Rights (1992) Convention on the Elimination of Racial Discrimination (1994) Convention against Torture (1994) HUMAN RIGHTS AND RACIAL EQUITY

17 U.S. Reservations to International Law Nothing in this Covenant requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States. U.S. reservation to the ICCPR, CERD, and CAT HUMAN RIGHTS AND RACIAL EQUITY

18 Treaties the U.S. HAS NOT Ratified Covenant on Economic, Social and Cultural Rights (1966) American Convention on Human Rights (1969) Convention on the Elimination of Discrimination against Women (1979) Convention on the Rights of the Child (1989) Rome Statute of the International Criminal Court (1998) Migrant Workers Convention (2003) Convention on the Rights of Persons with Disabilities (2006) Convention for the Protection of All Persons from Enforced Disappearance (2006) Most of the ILO Core Conventions HUMAN RIGHTS AND RACIAL EQUITY

19 Racial Disparity in the United States INCOME DISPARITY: The median family income of Black and Latino families is a mere 57 cents for every dollar of White median family income. EDUCATION DISPARITY: Black adults are 60% as likely to have a college degree as White adults. Latino adults are only 42% as likely to have a college degree as White adults. HEALTH DISPARITY: Health care coverage rates for Whites, Blacks, and Latinos are 86.3%, 78.3%, and 68.0% respectively. EMPLOYMENT DISPARITY: Unemployment rates are 15.8% for Blacks, 11.0% for Latinos, and 7.5% for Whites. MASS INCARCERATION: Blacks are six times more likely to be in prison than Whites, and people of color as a whole make up over 65% of the prison population. These figures do not include the disproportionately Latino population being held in immigration detention centers. Source: United For a Fair Economy, State of the Dream: The Emerging Majority

20 ACTIVITY: HUMAN RIGHTS CASE STUDY HUMAN RIGHTS CASE STUDY

21 APPLYING A HUMAN RIGHTS APPROACH TO RACIAL EQUITY

22 What is a Human Rights Approach? A human rights approach uses the standards, principles, and methods of human rights to combat legal, social, economic, and political injustices.

23 Core Human Rights Dynamic The Rights and Responsibilities Relationship

24 Two-Fold Strategy

25 Human Rights Fundamentals Safety and Security: Political, legal, economic, cultural, and social systems exist that, when combined, give people the building blocks for survival, livelihood, and dignity. Non-discrimination: All people are entitled to the same human rights without distinction based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. Accountability: Human rights must be protected by the rule of law. Governments must comply with the legal norms and standards enshrined in human rights instruments. Participation: Every person is entitled to active, free, and meaningful participation in, contribution to, and enjoyment of political, economic, social, and cultural development.

26 Strategies of a Human Rights Approach Safety and Security Nondiscrimination Accountability Participation Address root causes Protect marginalized groups Work with responsible authorities Empower rights-holders

27 Safety and Security HUMAN RIGHTS STRATEGY 1 Address the root causes of the problem Uncover the political, legal, social, economic, and cultural conditions that perpetuate human rights violations and create long-term goals that work toward the realization of human rights.

28 Address the root causes of the problem WHAT RACISM MEANS WHAT MOST PEOPLE THINK IT MEANS The structural oppression of non whites through government legislature, cultural norms, representation in the media, etc. An individual calling someone a racial slur.

29 Address the root causes of the problem

30 Address the root causes of the problem

31 Address the root causes of the problem School Segregation Lower Educational Outcomes for Urban School Districts Neighborhood (Housing) Segregation Increased Flight of Affluent Families from Urban Areas

32 Address the root causes of the problem

33 Address the root causes of the problem Traditional Lens An independent-isolatedindividual psychological issue De jure Static Past, if present an anomaly Overt Irrational Tautological Human Rights Lens An outcome that results from interactivity of institutions & actors De facto Dynamic Present Overt and covert Rational Non-tautological (multidimensional)

34 Steps to address root causes Planning 1. Identify the human rights violation. 2. Identify structural barriers to fulfillment of the human right. 3. Identify the other human rights that are affected by the root cause.

35 Steps to address root causes Action 1. Establish long term human rights goals that directly address root causes. 2. Address immediate needs as rights to be claimed. 3. Collaborate with organizations in other sectors to combat shared human rights problems.

36 From A Rights-Based Approach to Emergencies, Action Aid (2000).

37 Addressing Root Causes Dignity in Schools Campaign

38 Non-discrimination HUMAN RIGHTS STRATEGY 2 Protect marginalized groups Focus on those at risk of human rights violations due to discrimination, marginalization, and injustice.

39 Protect marginalized groups HUMAN RIGHTS STRATEGY 2

40 Steps to protect marginalized groups Planning 1. Gather data on the target population to identify groups that have worse outcomes than average. 2. Gather information on the causes of their exclusion.

41 Steps to protect marginalized groups Action 1. Choose objectives that reflect the needs of marginalized groups. 2. Make sure programs do no harm and do not recreate social and cultural discrimination or stigmatization.

42 Protect marginalized groups Structural racialization involves a series of exclusions, often anchored in (and perpetuating) spatial segregation. HUMAN RIGHTS STRATEGY 2 Historically marginalized people of color and the very poor have been spatially isolated from economic, political, educational and technological power via reservations, Jim Crow, Appalachian mountains, ghettos, barrios, and the culture of incarceration.

43 Protect marginalized groups Segregation impacts a number of life-opportunities Impacts on Health School Segregation Impacts on Educational Achievement Exposure to crime; arrest Transportation limitations and other inequitable public services Neighborhood Segregation Job segregation Racial stigma, other psychological impacts Impacts on community power and individual assets Adapted from figure by Barbara Reskin at:

44 Protect Marginalized Groups Brotherhood Inc. Works to break the devastating cycles of poverty, unemployment, and incarceration facing young African American males in the twin cities, ages 16 24, who have had contact with the criminal justice system or gangs, or who are at risk of such involvement.

45 Accountability HUMAN RIGHTS STRATEGY 3 Work with responsible authorities Support and encourage the government and other responsible parties to fulfill their obligations.

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47 Steps to work with responsible authorities Planning 1. Identify who has the responsibility and power to fulfill the human right. 2. Evaluate the capacity of responsible authorities to fulfill their human rights obligations. 3. Analyze the existing accountability mechanisms.

48 Steps to work with responsible authorities Action 1. Build the capacity of responsible authorities to meet their obligations. 2. Use existing mechanisms to hold authorities accountable. 3. Advocate for laws and policies that respect human rights. 4. Monitor whether existing laws and policies are effective at protecting human rights.

49 Work with Responsible Authorities Not in Our Town

50 Participation HUMAN RIGHTS STRATEGY 4 Empower rights-holders Increase the capacity of individuals to demand their rights and effectively participate in government and civic life.

51 Steps to empower rights holders Planning 1. Identify the rights holders most affected by an issue and analyze their participation. 2. Evaluate the existing participation mechanisms. 3. Recognize barriers to participation.

52 Steps to empower rights-holders Action 1. Educate people about their rights and increase their capacity to demand change. 2. Eliminate barriers to participation in existing mechanisms and build new ones. 3. Mobilize rights holders and build coalitions to advocate for human rights.

53 Empower Rights-Holders St. Stephen s Human Rights Program Video still of participant giving recorded statement on why he opposes a $.25 bus fare increase in February 2009 by the Met Council in Minneapolis. Link

54 ACTIVITY: Case Study Video Analysis HUMAN RIGHTS ASSESSMENT

55 Case Study Video What human rights violation is the organization trying to address? What structural long term change are they hoping to achieve? What human rights strategies are they using that appear to be effective? What were the benefits of using a human rights approach?

56 ACTIVITY: HUMAN RIGHTS ASSESSMENT HUMAN RIGHTS ASSESSMENT

57 Organizational Assessment In which area(s) does your organization appear to be implementing a human rights approach? In which area(s) do there seem to be problems? Which of these areas are of particular concern to you? Why? How do you explain the existence of these organizational challenges? HUMAN RIGHTS ASSESSMENT

58 Applying A Human Rights Approach Step 1: Define Human Rights Goal Step 2: Identify Marginalized Groups Step 3: Analyze Root Causes of Rights Violation Step 4: Map Stakeholders Step 5: Evaluate Capacity Gaps Step 6: Create Action Plan Step 7: Evaluate Program Impact

59 STEP 3: ANALYZE ROOT CAUSES Key Questions: Why is this problem happening to a particular sector of the population? What are the causes, both immediate and long-term, of the rights violations?

60 Tool: Causality Analysis Immediate causes: the needs that are not being addressed or the violations that are occurring. Legal and economic context: the policies, laws, and resource constraints that are leading to unmet needs and rights violations. Root/structural causes: societal attitudes and behaviors, cultural forces, and political and economic systems that perpetuate unequal laws and ongoing rights violations.

61 Tool: Causality Analysis

62 Resources Discover Human Rights: A Human Rights Approach to Social Justice Work Paving Pathways for Justice & Accountability: Human Rights Tools for Diaspora Communities A Practitioner s Guide to Human Rights Monitoring, Documentation, and Advocacy