Human Rights-Based Approach to Programming - UNFPA -

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Human Rights-Based Approach to Programming-
UNFPA -

• SESSION 3
• Key Elements of a HRBA

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Session Overview

• Definition of a HRBA
• Definition and practical application of key human
  rights principles and human rights standards
• Discussion of HRBA benefits, challenges,
  myths/misconceptions, and limitations
• Overview of UN programming cycle
• Walk through a HRBA to
• situation assessment and analysis
• programme planning and design
• implementation
• monitoring and evaluation

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What is a Human Rights-Based Approach?

• Conscious and systematic integration of human
  rights and human rights principles in all aspects
  of programming work

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Step by Step to a HRBA
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A HRBA

• Emphasizes processes and outcomes
• Draws attention to marginalized populations
• Works towards equitable service delivery
• Extends and deepens participation
• Ensures local ownership of development processes
• Strengthens accountability of all actors

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The UN Common Understanding on the HRBA
GOAL

• All programmes of development cooperation,
  policies and technical assistance should further
  the realization of human rights as laid down in
  the UDHR and other international human rights
  instruments.
• Human rights standards and principles guide all
  development cooperation and programming in all
  sectors and phases of the programming process.
• 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.

PROCESS
OUTCOME
Action 2 slide
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1. All programmes of development cooperation should
   further the realization of human rights as laid
   down in the UDHR and other international human
   rights instruments.

GOAL

• The realization of human rights is the ultimate
  goal of all development programmes
• HRBA influences the identification of UN
  strategic priorities
• Programming is informed by the recommendations of
  international HR bodies and mechanisms

Action 2 Slide
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Programming Informed by Human Rights Mechanisms

• TBs SPs observations
• Analysis of development issues from a HR lens
• TBs SPs recommendations
• Are tools for UN programming to address problems
  identified
• TBs general comments
• Identifies the precise content of development
  objectives by clarifying the meaning of rights.

Action 2 Slide
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2. Human rights standards and principles guide
all development cooperation and programming in
all sectors and in all phases of the programming
process.
PROCESS

• HR standards and principles improve the quality
  of outcomes and processes
• HR standards delineate the playing field in
  which development takes place
• HR principles provide the playing rules for the
  development process

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The integration of human rights principles and
standards into all stages of the programming
process
ASSESSMENT ANALYSIS
PRIORITY SETTING
MONITORING AND EVALUATION
PROGRAMME PLANNING AND DESIGN
IMPLEMENTATION
Action 2 Slide
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Human Rights Standards
The minimum normative content of the right The
type of claims and obligations that the right
implies at the minimum in practice

• In programming, the standards guide the
• identification of development challenges as human
  rights issues (assessment)
• analysis of roles and capacities of
  rights-holders and duty-bearers
• definition of development objectives
• formulation of corresponding benchmarks and
  indicators

Action 2 Slide
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Example of Human Rights Standardsthe 3AQ

• ICESCR General Comment 14 - minimum core
  obligations of the right to health
• ensuring that health facilities, goods, and
  services are available, accessible, acceptable
  and of high quality
• ensuring reproductive, maternal (pre-natal as
  well as post-natal) and child health care
• providing education and information on health
  problems and the methods of prevention and
  control
• ensuring the underlying determinants of health
  are met, e.g., access to clean water, food and
  shelter

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The 3AQ is important for UNFPAs work

• Under the right to health, international human
  rights standards indicate that States are obliged
  to ensure that public health services, as well as
  medicines and health care staff
• are made available to all
• are acceptable to all
• are accessible to all
• are high quality, where the skills of the health
  personnel, the medicines available and the
  equipment used should be of a consistent standard
  for all

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Human Rights Principles

• Universality and inalienability
• Indivisibility
• Interdependence and Interrelatedness
• Equality and non-discrimination
• Participation and inclusion
• Accountability and Rule of Law

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Principles of Universality and Inalienability
HR principle of universality requires That no
one is left out or excluded from human rights

• Implications for national HR protection systems
• Public policies and programmes should have
• disaggregated data to identify difficult cases of
  exclusion and marginalization
• specific strategies in response to this caseload,
  e.g., polio vaccination campaigns

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Principle of Indivisibility

• Indivisibility One right cannot, ultimately, be
  separated from all other rights.
• What this means
• Are all rights being promoted equally? For
  example, are civil and political rights being
  promoted to the detriment of economic, social and
  cultural rights?

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Principles of Interdependence and Interrelatedness
HR principles of interdependence and
interrelatedness require Equal recognition and
protection of rights

• Implications for national protection systems
• Legal frameworks
• Should not privilege the protection of certain
  rights to the detriment of others
• Public policies should
• Be based on holistic analysis of development
  problems and provide integral and multisectoral
  responses
• State institutions
• Ensure inter-institutional and multisectoral
  coordination
• Include those institutions in charge of
  protection, monitoring and accountability

Action 2 Slide
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Principles of Equality and Non-discrimination

• Equality and Non-discrimination obliges states
  to
• Eradicate legal, institutional, interpersonal
  and structural discrimination

• Implications for national protection systems
• Legal frameworks should
• Derogate discriminatory legislation
• Be conducive to the enjoyment of human rights by
  all
• Public institutions should ensure
• Representation of marginalized or excluded groups
  in the public administration and in
  decision-making bodies
• Public services accessible and sensitive to
  gender, age and cultural differences
• Appropriate judicial and administrative redress
  mechanisms
• Public policies should
• Challenge models of appropriation and
  concentration of resources leading to structural
  discrimination and exclusion
• Take affirmative steps to reduce social and
  economic disparities
• Promote education and public awareness

Action 2 Slide
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Principle of Participation
HR principles of participation require Free,
active, meaningful and inclusive participation

• Implications for national protection systems
• Policies, processes and procedures should
  provide
• Opportunities for participation in planning and
  development
• Access to relevant information
• Capacities to marginalized groups to formulate
  proposals
• Institutional mechanisms should
• Be based on democratic principles
• Not disempower existing democratic or traditional
  structures
• Civil society should
• Be active, independent and with capacities
• Represent the voice of marginalized and excluded
  groups
• Have control over decision-making processes

Action 2 Slide
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Principle of Accountability
Principle of accountability requires States and
other duty-bearers to be answerable for the
observance of human rights

• Implications for human rights protection systems
• State institutions should
• Be provided with sufficient resources,
  responsibilities and independent authority to
  effectively monitor the government, e.g.,
  independent human rights parliamentary bodies,
  national human rights institutions, judges,
  courts and legal counsel
• State to cooperate with international human
  rights systems
• Complying in a timely manner with international
  reporting obligations
• Inviting special procedures and providing
  information
• Implementing the TB and SP recommendations

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3. 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.
OUTCOME

• Focus on relation of individuals-State
  (claims-obligations)
• Shifting development from service delivery as
  primary focus to building capacity to claim and
  fulfil human rights
• States require capacity to strengthen national
  protection systems and comply with their
  obligations

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Rights-holders and Duty-bearers

• Right-holders
• 6,652,595,567 persons
• Every individual, either a man, woman or child,
  of any race, ethnic group or social condition
• To some extent groups

• Duty-bearers
• Much fewer in number
• Primarily States
• In some cases individuals have specific
  obligations
• Individuals and private entities have generic
  responsibilities towards the community to respect
  the rights of others

Action 2 Slide
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The Role of Capacity Development
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Why a HRBA to Development?

• Intrinsic value
• Based on universal values
• Universal legal standards for a life with dignity
• Instrumental to development strategies
• Addresses power inequalities and discrimination
• Deals with weaknesses in accountability systems
• Objective framework to manage conflicts and seek
  redress
• Institutional reasons (UN comparative advantage)
• Impartiality to deal with sensitive issues
• Holistic analysis and integral responses to
  problems

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Challenges Common to a HRBA

• Time-intensive
• Working with many participants
• What other challenges to HRBA have you come
  across in your work?

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Myths/Misconceptions

• Human rights are western and alien to many
  cultures.Why is this a myth?
• A HRBA is too difficult.Why is this misleading?
• A HRBA is off-putting to more traditional
  governments.How can we work around this?
• A HRBA overemphasizes rights and neglects
  responsibilities.Why is this untrue?

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Limitations of a HRBA

• Lack of solid evidence to prove effectiveness
• Difficulty in measuring, with respect to the
  principles of
• universality
• inalienability
• indivisibility
• interdependence
• interrelatedness

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Operationalizing a HRBA
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The HRBA in UN Programming
CCA
UNDAF
CPs
ME
Analysis of development challenges
CP outcomes
UNDAF outcomes
ME systems
Strengthened capacity of rights-holders and
duty-bearers
Establishes causal connections of
rights Identifies patterns of discrimination, ine
quality and exclusion Identifies the
capacity gaps of rights-holders and duty-bearers
Empowered rights-holders and accountable
duty-bearers contribute to the realization of
human rights
Establish mechanisms for participation
of rights-holders duty bearers in the
monitoring of the programme
Action 2 slide
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Remember.A HRBA means integrating human rights
principles and standards into all stages of the
programming process
ASSESSMENT ANALYSIS
PRIORITY SETTING
MONITORING AND EVALUATION
PROGRAMME PLANNING AND DESIGN
IMPLEMENTATION
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Applying a HRBA to the Situation Assessment
Analysis
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Applying a HRBA Assessment and Analysis
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HRBA to Information Gathering

• What information
• Civil, cultural, economic, political and social
  context
• Disaggregated according to normative grounds of
  non-discrimination, such as sex, age, ethnicity,
  rural and urban, etc.
• Sources of information
• Rely on national information, assessments and
  analyses
• Variety of sources, including information from
  International, regional and national human rights
  mechanisms
• Information and analysis process
• Participatory, inclusive, accountable and
  sensitive to cultures

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What information?

• Information on legal and policy environment
• treaties ratified (international, regional)
• domestic laws and policies
• concluding comments, SP reports, CSO reports,
  ombudsmen documents, case law, etc.
• Information on social, economic, cultural
  environment
• budget analyses
• cultural and religious traditions and beliefs
• Information on the 3AQ

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The HRBA to Assessment

• The situation assessment involves checking that
  the quality of the information collected is
  adequate for the analysis that will be carried
  out. Pay attention to
• ensuring proper disaggregation
• ensuring your information sources include the
  situation and views of disadvantaged and
  marginalized groups
• ensuring the reproductive health and rights of
  the most excluded populations are included in the
  assessment
• Rememberthe purpose of assessment is to identify
  main HR and development challenges

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Formulating the Development Challenge

• After the situation assessment has been carried
  out, make sure that you
• formulate your development challenge as a human
  rights issue
• ensure it is people-focused

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HRBA to Analysis Causal Analysis

• Analysis of immediate, underlying and structural
  causes of development challenges identified
• Tools
• Problem tree analysis detects root causes of
  human rights problems (vertically) and the
  interrelatedness of rights
• (horizontally and
  vertically)
• Additional optional tools for
  in-depth legal, policy,
• 
  institutional and budget analysis

The problem tree was not born as a HRBA tool,
but it can help identify main patterns of
discrimination, exclusion and other root causes
of problems
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The Problem Tree
The problem tree is a tool for building
consensus and participation, as it allows
rights-holders and duty-bearers to agree on
the main development challenges and root causes
Effects
Causes
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Problem 1 HIV/AIDS
Problem 2 Girls Education
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HRBA to Analysis Role Pattern Analysis

• Rights-holders
• who are they?
• what are their claims?
• Duty-bearers
• who are they?
• what are their duties?

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HRBA to AnalysisCapacity Gap Analysis
Capacity development is not only a technocratic
process. It also entails political, societal,
legal and institutional change

• Capacity gaps
• Knowledge
• Responsibility/motivation/leadership
• Authority
• Access to and control over resources
• Gaps in NHRPS

Treaty bodies and special procedures can
identify capacity gaps
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Selecting Areas of Cooperation -Strategic Analysis

• Analyze UN comparative advantages in
• ? Direct service delivery ?Advocacy and social
  mobilization
• ? Information and awareness ?Training and
  education
• ? Monitoring and observation ?Policy and legal
  advice
• Partnership analysis
• HRBA broadens the spectrum of partners,
  including those belonging to National HR
  Protection Systems

HRBA promotes a practice shift from direct
service delivery to capacity development
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Using ICPD Agenda to Set Priorities

• UNFPAs strength lies in highlighting the
  importance of priorities within the ICPD agenda,
  such as
• advancing universal access to reproductive health
• empowering women
• increasing access to HIV prevention, etc

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Applying a HRBA to the Programme Planning and
Design Stage
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HRBA to Results-Based Programme Planning
Impact Realization of human rights, as laid down in international instruments
Outcome Increased performance of rights-holders and duty-bearers (behaviour change)
Outputs Your tangible contribution to capacity development of RHs, DBs and NHRPS
Input Guided by human rights principles
Treaty bodies and special procedures can
identify specific actions for capacity development
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Example A HRBA to HIV Prevention Among Young
People

• Inputs sufficient resources to reach the most at
  risk youth (e.g. out-of-school youth)
• Outputs e.g. developing training manuals for
  counsellors manuals for outreach workers
  training medical providers/counsellors training
  peer educators, etc
• Outcome increased accessibility, acceptability,
  and quality of SRH services for most at-risk
  youth
• Impact decreased new cases of HIV (or other
  STIs) within at-risk youth

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At the Planning Design Stage, Remember

• To consider and integrate the human rights
  principles and the elements of the 3AQ.
• Wondering how to do this? Take a look at the
  questions on your checklist.

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Applying a HRBA to Programme Implementation
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HRBA to Implementation

• Applying a HRBA in the programme implementation
  phase means, once again, ensuring that human
  rights principles and standards are consistently
  being respected throughout the programming cycle.
• Turn to your checklist of questions to see what
  you should be asking at this stage of the
  programme.

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HRBA to Implementation Equality
Non-discrimination

• During implementation, priority must be given to
  the most marginalized groups.
• Remember that even within marginalized groups,
  some may have more power than others. It is
  important to continuously assess whether
  inequalities exist at the implementation stage.

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HRBA to Implementation Participation

• How are disadvantaged groups meaningfully
  participating in the implementation of the
  programme?
• What kind of capacity development needs to happen
  first to ensure that these groups can
  meaningfully participate?

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HRBA to ImplementationAccountability

• How are you establishing clear roles and
  responsibilities in the implementation of your
  programme?
• How are you sharing information with the public?
• What complaint mechanisms are in place for
  individuals affected by the programme?

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Conclusion

• Remember that a HRBA requires
• consistent and systematic integration of key
  human rights principles and standards into all
  stages of a programme
• focus on rights, not needs
• focus on process and outcomes
• attention to marginalized groups
• attention to culture and gender