Human Rights-Based Approach in the Programming Process

Session objectives

Understand whatwhat a human rights-based approach to programming is

Understand the importanceimportance and added value added value of HRBA to development programming

Understand the main questions the 3-step 3-step analysisanalysis helps to answer

• Universal legal guarantees• Civil, cultural, economic, political and social• Protect human values (freedom, equality, dignity)• Inherent to individuals and, to some extent,

groups• Grounded in international norms and standards• Legally binding on States

What are human rights?

UN CharterUN CharterUDHRUDHR

ICCPRICCPR ICESCRICESCR

CERD CEDAWCEDAW

CATCATCRC

NationalConstitutions

and Laws

CMWOther International Instruments

(humanitarian, specialized agencies)

Regionalinstruments

CRPD

Human rights instruments

CPED

Fundamental Labour Conventions

OPs

Mechanism Issue country Recommendations

Further define the content of standards

Treaty Bodies Concluding observations General comments

Special Procedures(Special Rapporteurs, Working Groups...)

Mission reports Thematic reports

Universal Periodic Review

UPR recommendations -----

ILO Committees Observations and direct requests/Conclusions

General observations/ and general surveys/digest of decisions

Main Functions

1. All programmes of development co-operation, policies and

technical assistance should furtherfurther the realization of human the realization of human

rightsrights as laid down in the UDHR and other international human

rights instruments

Human rights standards and principles Human rights standards and principles guide all

development cooperation and programming in all sectorsall sectors and

in all phasesall phases of the programming process

1. 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

1. All programmes of development co-operation, policies and

technical assistance should furtherfurther the realization of human the realization of human

rightsrights as laid down in the UDHR and other international human

rights instruments

Human rights standards and principles Human rights standards and principles guide all

development cooperation and programming in all sectorsall sectors and

in all phasesall phases of the programming process

1. 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

GOALGOAL

PROCESSPROCESS

OUTCOMEOUTCOME

UN Common Understanding on HRBA

Claimsrightfrom

Fulfilsresponsibility

towards

Rights holders

Duty bearersEnabled to respect, protect and fulfill

rights Participation

Accountability Enabled to hold duty

bearer to account

Further the realization of Human Rights for

all (equality and non-

discrimination)

“Needs Based”

•Action is voluntary/optional

• ‘Needs’ are contextual and open-ended

•The beneficiaries deserve help

•The beneficiaries can be passive or can be invited to participate

•Adopts a pragmatic ways to work with existing power structures

•Development is mainly technocratic (for the experts)

•There is a hierarchy of needs

“Human Rights Based”

•Action is mandatory

•Universal and legally established claims and entitlements

•The beneficiaries are entitled to enforceable rights

•The beneficiaries are active participants by right

•Assumes that power structures can be effectively changed

•Development transforms behaviours, institutions and empowers rights holders

•Rights are indivisible and interdependent though in any situation practical prioritisation may be required

Needs-based vs. HR-based approach

A HRBA helps the UN and partners to answer 4 critical questions:

Why? Which rights are at stake?

Who has to do something about it?Who has been left behind?What do they need, to take action?

Process and outcome are equally important

4 Critical questions4 Critical questions

Country AnalysisGATHERING INFORMATION

About development problems from existing sources, incl. national treaty reports and observations and

recommendations from treaty bodies

ANALYSISOf root causes &

their HR linkages

ASSESSMENTShortlist major development problems

for deeper analysis

Human Rights-based analysis

WHY 1. Causal analysisis there a problem?Which rights are being violated?

WHO

are the duty-bearers? 2. Role-pattern analysis

What are their ideal and actual roles? Who are the rights holders?

WHAT capacities do duty-bearers 3. Capacity gaps analysishave and/or need to fulfill their duties? What capacities do rights-holders have and/or need to claim their rights?

Analysis – in three

steps

Causality Analysis

1

Role Analysis

2

Capacity Gap

Analysis

3

Why?Which rights are at stake?

Who’s rights are implicated?Who has to do something about it?

What do they need to take action?

Assessment

What is it?

• The essential first step for HRBA and RBM

• A technique for identifying causes of a problem which can then be used to formulate appropriate responses

• We can map the problem and its causes in the form of a

problem tree

Step 1: Causality AnalysisStep 1: Causality Analysis

CAUSALITY ANALYSIS

Problem

Immediate Causes

Underlying causes

Root Causes

To unpack the causes of a Problem

Problem Tree

High incidence of child malnutrition in rural areas

Inadequate dietaryintake

Disease

Insufficient food security

Inadequate Maternal & Child Care

Insufficient health services& unhealthy environment

Political, Ideological,Economic structures

Resource Control+

Organizational structuresRoot

causesRoot

causes

Underlyingcauses

Underlyingcauses

Immediatecauses

Immediatecauses

ProblemProblem

HRBA to Analysis in three steps

Causality Analysis

1

Role Analysis

2

Capacity Gap

Analysis

3

Why?Which rights are at stake?

Who’s rights are implicated?Who has to do something about it?

What do they need to take action?

Assessment

Rights holders

Who are they?

What are their claims?

Duty bearers

Who are they?

What are their duties?

Rights holders

Who are they?

What are their claims?

Duty bearers

Who are they?

What are their duties?

Step 2: Role AnalysisStep 2: Role AnalysisCheck what the human rights standards say about RHs claims and DBs duties

Check what the human rights standards say about RHs claims and DBs duties

Check also what role is expected from duty bearers to respect, protect and fulfil rights

Check also what role is expected from duty bearers to respect, protect and fulfil rights

Group Work - at you table:1. Choose one country and one human right that is not being fulfilled in that country 2. Discuss and fill the matrix below3. Choose one rapporteur to report to the plenary

Rights Holder: Claim:According to National and/or International standards

Current Status:What is the rights holder actually experiencing?

Duty-bearer (1): Obligations:According to National and/or International standards

Current Role:What is the duty bearer actually doing?

Responsible Actor

(1):

Responsibilities:Defined in relation to the issue at hand and given the local situation

Current Role:What is the specific actor actually doing?

HRBA to analysis in three steps

Causality analysis

1

Role analysis

2

Capacity gap

analysis

3

Why?Which rights are at stake?

Who’s rights are implicated?Who has to do something about it?

What do they need to take action?

Assessment

Duty Bearers capacity elements:

Can?- Knowledge- Resources (human, technical and financial)- Organizational challenges

Want?- Responsibility/motivation /leadership

Must?- Authority

Rights-holders capacity elements:

Can?- Knowledge- resources- individual abilities

Want?- Security- motivation

Enabling environment?- right to participate- Information- freedom of association and expression

Step 3: Capacity Gap AnalysisStep 3: Capacity Gap Analysis

Analysis of duty-bearers’ capacity gaps

Motivation(accountability)

Does the duty bearer feel an obligation to perform the role according to the obligation? If not why not?

Authority

Does the duty bearer have the authority to perform the role according to the obligation? If no

who does?

Resources

Does the duty bearer have human, organisational and financial resources to perform the role according to the obligation? If not, what’s missing?

Analysis of rights-holders’ capacity gaps

Understanding

Does the rights-holder know that he or she has rights and can claim them? If not, why?

Resources

Does the rights-holder have the financial, technical and human resources to claim his or her rights? If not, why?

Risks

What risks might ensue the rights-holder from claiming his or her right?

A HRBA helps the UN and partners to answer 4 critical questions:

Why? Which rights are at stake?

Who has to do something about it?

Who’s rights are implicated?

What do they need, to take action?

Process and outcome are equally important

HRBA in the programming process:4 Critical questions

HRBAHuman Rights Development

Principles

Standards

Reports and Recommenda

tions

ANALYSIS

RBM Cycle

Universal Periodic Review

2. Role/ Pattern Analysis

1. Causal Analysis

Results Matrix

M&E Framework

Better choices!

PLANNING

3. Capacity Gap Analysis

Value Added!

CAUNDAF

MANAGEMENT

Thank you!!Thank you!!