What is Human Rights Based Approach? The Origin, Principles and Standards

Contents and Goals of the Presentation To understand the legal and moral background of Human Rights To understand the main principles of the Human Rights To understand what kind of goals and processes Human Rights Based Approach (HRBA) includes

UN Common Understanding of HRBA All programmes of development co-operation, policies and technical assistance should further the realisation of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments 2.Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process 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 Link: Full Text of Common Understanding

Question 1 How do you define and understand Human Rights?

Human Rights A simple definition: Human rights are those things that ought to be done to everybody and those things that ought not to be done to anybody – Fundamental rights to which everyone is entitled simply because s/he is a human being – Based on universal moral and legal background – Applicable everywhere, anytime and equally for everyone

Origin of the Universally Recognized Human Rights Moral background – Moral codes about right and wrong, permissible and non-permissible found in all societies Legal background – The concept of international human rights law was universally accepted and strengthened by the establishment of the United Nations in 1945

Moral Background of the HRBA The ”Golden Rule” 1.One should treat others as one would like others to treat oneself 2.One should not treat others in ways that one would not like to be treated – Ethical code that is found in all major religions: Buddhism, Christianity, Hinduism, Islam, Judaism, Taoism, Zoroastrianism etc.

Moral Background of the HRBA All religions share basic views of a common good All urge protection of people who are poor, disabled, sick or powerless This ”humanitarian instinct” together with Enlightenment ideals of Equality, Secularity and Universality form the moral basis of Human Rights

Legal Background of the HRBA The core United Nations Human Rights Treaties United Nations Charter 1945 Universal Declaration of Human Rights 1948 International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol 1966 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its Optional Protocol 1979 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol 1984 Convention on the Rights of the Child (CRC) and its Optional Protocols 1989 Convention on the Rights of All Migrant Workers and their Families (ICRMW) 1990 Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol Link: Main treaties

The Legal Background of the HRBA The ratification of the Human Rights treaties by states makes them legally binding Treaties and conventions form the standards and goals to which all program work needs to aim towards 1. All programmes of development co-operation, policies and technical assistance should further the realisation of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments (UN Common Understanding)

Question 2 What kind of principles we should follow when planning Human Rights based projects?

Human Rights: Main Principles Content oriented: Universality and inalienability Indivisibility Interdependence and interrelatedness Process oriented: Equality and non- discrimination Participation and inclusion Accountability and the rule of law

Content Oriented Principles Universality and inalienability – Human rights are universal and inalienable. All people everywhere in the world are entitled to them – Human rights cannot be taken or given away Indivisibility – all human rights have equal status, and cannot be positioned in a hierarchical order Interdependence and interrelatedness – The realization of one right often depends upon the realization of others – In example right to health might depend on the realisation of right to education, water, sanitation etc.

Process Oriented Principles Equality and non-discrimination – All individuals are equal as human beings and by virtue of the inherent dignity of each human person – All human beings are entitled to their human rights without discrimination of any kind (such as, color, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status.) Participation and inclusion – Every person and all peoples are entitled to active, free and meaningful participation – Empowers people to perceive the problems in the community and to claim their rights Accountability and the rule of law – States and other duty-bearers are answerable for the observance of human rights – They have to comply with the legal norms and standards enshrined in human rights instruments

Group exercise: Principle of Participation Case: You are doing project in a community that is suffering from low enrolment rate to basic education, trying to find reasons behind the problem. In groups, list possible practical ways to include the principle of participation and inclusion to your task.

Focus on Participation Participation is key in HRBA because: It provides valuable information and solutions Empowers people to perceive the problems in the community and to claim their rights Ensures sustainability through ownership creation Meaningful participation is a Human Right Important in every step of the project planning

The Goal and the Process Goals of the HRBA programming are set by the different Human Rights charters and treaties and guided by the content principles Process in the HBRA is required to follow the main Human Rights principles Both are equally important 2. Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process (UN Common Understanding)

What is HRBA? Moving forward Human Rights Based Approach takes the presented ideas of Human Rights and transforms them into practical tool for project planning Pattern of Human Rights Based Approach All individual human beings are rights-holders of those rights codified in UN International Covenants and Conventions All rights have corresponding duty-bearers, who are responsible in fulfilling the corresponding rights in given context The reasons rights-holders can’t claim their rights and duty-bearers can’t fulfill their duties are called capacity gaps Elaborated on the next presentation

Thank you Questions? Nimi Titteli Puhelin Sähköpostiosoite Suomen UNICEF ry Lautatarhankatu Helsinki & © UNICEF 10/2015 Cover # 2 - Photo credit: © UNICEF/NYHQ /Bannon (Boy running on water)