Human Rights Based
Approach to Programming
Part 1: International, regional
and national human rights
protection systems
Human rights instruments
ICCPR ICESCR
CERD CEDAW
UN Charter
CRC CAT
UDHR
HRC
CRPD CMW
Other International Regional
Instruments Regimes
National
Protection
Systems
CCA UNDAF Guidelines
More than 80 per cent of Member States
have ratified four or more of the eight
core international human rights treaties.
When governments ratify treaties, every
person within the country is entitled to
have those human rights respected,
protected and fulfilled. The UNCT supports
actions that help Member States to fulfill
these obligations and reach these goals.
Treaty bodies
Treaty bodies monitor and facilitate the implementation
of the treaties through:
Reviewing State Party reports and additional sources of
information
Adopting observations and recommendations
Adopting General Comments that help define HR
Standards contained in the treaty; e.g. right to water, right
to education, right to food etc.
National protection system
Ensuring sustainable respect for human rights requires:
• Constitutional and legal framework
• Effective institutions (parliament, government, judiciary,
public administration, human rights institutions)
• Procedures and processes including effective remedy
• Policies and programmes, including awareness raising
• Vibrant civil society and free media
Links between national, regional and
international protection systems
Global & regional Global & regional
protection are norms require national
complementary Int‟l implementation
Global & regional
protection if national Regional
remedies have been
exhausted
National
National norms should be
consistent with global and
regional standards
Human Rights Council
• Promotes universal
protection
• Addresses and prevents
violations
• Develops international
law
• Reviews compliance of
Member States
• Respond to emergencies
• International forum for
dialogue
Universal Periodic Review
• Review the fulfillment of the human rights
obligations of all countries
• All Member States will be reviewed within
4 years (48 States per year)
• Review will be carried out by “peers”
(groups of three Member States)
UPR in Arab States
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
Country UPR Date
Algeria April, 2008
Egypt February, 2010
Morocco April, 2008
Saudi Arabia February, 2009
Syria
Tunisia April, 2008
Yemen May, 2009
Value of international human rights
mechanisms in development work
Advocacy tool: Open opportunities to have dialogues
around sensitive issues
Accountability tool: HR bodies provide transparent
mechanisms to monitor government efforts
Analytical tool: Help understand underlying and root
causes of development problems
Programming tool: Help identify specific priorities and
benchmarks and guide the process (e.g. „minimum core
standards‟, HR principles)
Check on…
…Status of ratification
http://www.ohchr.org/english/countries
…Whether a Country‟s pledge to the HRC exists
…Recent Treaty Body concluding observations
…Recent State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or
www.ohchr.org
statements and communications on the country
…Calendar of upcoming events and SP country
visits
Part 2: Defining the Human
Rights Based Approach in
Programming Process
UN common understanding on
HRBA
GOAL 1. All programmes of development co-operation, policies and
technical assistance should further the realization of human
rights as laid down in the UDHR and other international human
rights instruments
PROCESS
2. Human rights standards and principles guide all development
cooperation and programming in all sectors and in all phases
of the programming process
FOCUS3. 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
Common understanding on HRBA (1)
GOAL
All programmes of development co-
operation should further the realization of
human rights as laid down in the UDHR and
other international human rights instruments
Programming strengthened by
Human Rights Mechanisms
Observations by Treaty Bodies, Special
Procedures and UPR
→ Analysis of development issues from a HR lens
Recommendations by Treaty Bodies, Special
Procedures and UPR
→ Provide tools for UN programming to address
problems identified
General comments by Treaty Bodies
→ Identify the precise content of development
objectives by clarifying the meaning
Common understanding on HRBA (2)
PROCESS
Human rights standards and principles guide
all development cooperation and
programming in all sectors and in all phases
of the programming process
Human rights principles
• Equality and non-
discrimination
• Participation and
inclusion
• Accountability and the
rule of law
The integration of human rights principles and
standards into all stages of the programming
process
ASSESSMENT & ANALYSIS
MONITORING AND
EVALUATION PRIORITY SETTING
PROGRAMME PLANNING
IMPLEMENTATION AND DESIGN
Common understanding on HRBA (3)
FOCUS
Development cooperation contributes to the
development of the capacities of „duty-
bearers‟ to meet their obligations and/or
„rights-holders‟ to claim their rights
Rights-holders and duty bearers
Rights-holders: Duty bearers:
• 6,783,421,727 • Much less
(World population est 31/5/2009) • Primarily States
• Every individual, either a • In some cases, certain
man, woman or child, of individuals have specific
any race, ethnic groups of obligations
social condition • Individuals and private
• Groups (to some extent) entities also have generic
responsibilities towards
the community to respect
the rights of others
The role of capacity development
REALISATION OF HUMAN
RIGHTS AND HUMAN
DEVELOPMENT GOALS
CLAIMING AND FULFILLING
EXERCISING OBLIGATIONS
RIGHTS
HUMAN RIGHTS-BASED CAPACITY DEVELOPMENT
CAPACITIES FOR CAPACITIES FOR
EMPOWERMENT ACCOUNTABILITY
Group Work
At your tables, identify:
• 1 or 2 opportunities and/or challenges for UN
system at country level in using HR
instruments/protections systems in the UNDAF
process (10 min)
Causality Analysis
HRBA in Programming
Country Prog/
UNDAF Project
M&E
Analysis
Reveals the causes of
major development Rights-holders & Establish
problems accountable Strengthened mechanisms for
duty-bearers capacity of participation of
Identifies patterns of contribute to the rights-holders rights-holders &
discrimination, realization of and duty bearers
inequality, and human rights duty-bearers in prog./ project
exclusion monitoring
Identifies the capacity
gaps of rights-holders
and duty-bearers
Country Analysis
GATHERING INFORMATION
About development problems from different sources,
including national treaty reports and observations and
recommendations from treaty bodies, UPR, etc.
ASSESSMENT
Shortlist major development problems
for deeper analysis
ANALYSIS
Of root causes &
their linkages
Detailed Steps
1. CAUSALITY ANALYSIS
Getting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN
ANALYSIS
3. CAPACITY GAP
ANALYSIS
Why a causal analysis?
If a problem is caused
by three conditions
Why a causal analysis?
Allathree conditions
If problem is caused
must
by be
three addressed
conditions
Problem Tree
Manifestations
Malnutrition &
death
Immediate
causes
Inadequate dietary
Disease
intake
Underlying
causes
Insufficient Inadequate Maternal Insufficient health services
food security & Child Care & unhealthy environment
Resource Control
+
Organizational structures
Root
causes
Political, Ideological,
Economic structures
Problem 1: HIV/AIDS Problem 2: Girl’s Education
Immediate Causes
Underlying Causes
Root Causes
Core Problem Area
Gender Discrimination
81
Group Instructions:
Causal analysis/problem tree
Using the thematic issue from your groups
(Economic Development; Governance; Social
Service Delivery), formulate a problem
statement (10 min)
Discuss and identify the immediate, underlying
and root causes and build a problem tree (30
min)
Causal analysis:
“why?”
Outcomes/Rights not fulfilled
Immediate causes
“Direct Effect”
Underlying causes
“Services, Access, Practices”
Basic /structural causes
“Society, Policies, Resources”
Role/Pattern & Capacity Gap
Analysis
Role analysis:
“who?”
Outcomes/Rights not fulfilled
Who in household or family?
Who within the community?
Who among service providers?
Who among policy makers?
International level?
Capacity analysis, Duty Bearers:
“what capacity gaps?”
Outcomes/Rights not fulfilled
Little knowledge or information
Limited skills
Meager financial or material resources
Lacking recognition of duty
Lacking authority or mandate
Unable to organize oneself and
take action
Group Work: Role Pattern &
Capacity Gap Analysis
- Select a chain of causes in your problem tree
causality analysis.
- Based on the selected chain, identify one critical
DB or RH, and their expected roles (claims and
duties) (10 min)
- For the selected Right Holder or Duty Bearer,
identify their key capacity gaps (the things that
prevent duty bearers from performing their roles
and claim holders from claiming their rights) (15
min)
- Write them on flipcharts You have 25 min
Claims CAPACITY GAPS
Rights
holder 1
Rights
Holder 2
Duties/obligations CAPACITY GAPS
Duty
Bearer 1
Duty
Bearer 2