What is Human Rights Based Approach? The Pattern of Rights-Holders and Duty-Bearers

Goals and Contents of the Presentation To clarify the roles of rights-holder and duty-bearer To understand the pattern of rights-holders and duty-bearers and chains of accountability To learn what ”capacity gap” means in HRBA To understand how HRBA differs from other approaches to development cooperation To relate ”Good Programming Practices” to HRBA

What is HRBA? A human rights-based approach includes consciously and systematically human rights and human rights principles in to all aspects of programming work.

Rights-holders and Duty-bearers 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

Rights-holders and Duty-bearers Rights-holders Everyone is a rights-holder under Universal Declaration of Human Rights and possibly under other treaties HRBA focuses on people whose rights are not fully realized. Specially vulnerable groups like women, children, minorities and people with special needs HRBA aims to empower rights-holders to claim and exercise their rights

Question 1 Why is it important to focus on the poorest, weakest, marginalized and disadvantaged?

Poorest, Weakest, most Marginalized and Disadvantaged Voices, views, opinions, and experiences of the marginalized are often undermined by the strongest. – Human rights principles make it clear that participation for everyone is indispensable right – Risk of losing valuable information necessary for achieving sustainable development impact – Often the most crucial groups for the success of project

Rights-holders and Duty-bearers Duty-bearer Duty-bearers are responsible to respect, protect and fulfill the rights of the rights-holders HRBA aims to empower duty-bearers to be able to fulfill their responsibilities towards rights-holders State is the most important duty-bearer

Capacity Gaps Capacity is the sum of all factors that enable individuals, communities, institutions, organizations or governments to adequately perform their respective roles and responsibilities. The reasons why rights-holders can’t claim their rights and duty-bearers can’t respect their obligations are called capacity gaps in HRBA

Human Rights Obligations Duty-bearer has an obligation to: Respect Refrain from interfering with the enjoyment of the right Protect Prevent others from interfering with the enjoyment of the right Fulfil Adopt appropriate measures towards full realisation of the right

Human Rights Obligations Teacher has an obligation to provide education to students: Respect ? Protect ? Fulfil ?

Levels of Accountability All duty-bearers are also rights-holders and sometimes the capacity gaps are due to their rights being denied in upper levels in chain of accountability.

Group Exercise: Chain of accountability Pick a right from following list of Civil and Political or Economic, Social and Cultural Rights Form an imagined single chain of accountability with one right and one duty on each level starting from rights-holders whose rights are not fulfilled upwards all the way to the state.

List of Rights for the Group Exercise CIVIL AND POLITICAL RIGHTS 1.Right to life 2.Right to freedom from slavery, servitude, forced or compulsory labor 3.Liberty and security 4.Freedom of movement 5.Equality before the law 6.Freedom of thought, conscience and religion 7.Freedom of expression and peaceful assembly 8.Right to vote and be elected Economic, Social and Cultural Rights 1.The equal rights of men and women 2.Right to work, at work, and to form trade unions 3.Right to social security 4.Right to food 5.Right to health 6.Right to education 7.Right to adequate housing 8.Right to water and sanitation 9.Right of children to be protected from all forms of exploitation 10.Right to take part in cultural life

Accountability Individuals in their duty-bearing role should be held accountable (to the rights-holders) But they can only be held accountable if they have their capacity gaps closed The reduction/closing of the capacity gaps of duty- bearers therefore requires careful monitoring

Question 2 What is the difference between HRBA and other more traditional approaches to programming in development cooperation?

What's the Difference?

Good Programming Practices Under HRBA many of the optional ”Good Programming Practices” have become mandatory: 1.People are recognized as key actors in their own development, rather than passive recipients of commodities and services. 2.Participation is both a means and a goal. 3.Strategies are empowering, not disempowering 4.Both outcomes and processes are monitored and evaluated 5.Analysis includes all stakeholders

Good Programming Practices cont. 6.Programmes focus on marginalized, disadvantaged, and excluded groups 7.The development process is locally owned 8.Programmes aim to reduce disparity 9.Both top-down and bottom-up approaches are used in synergy 10.Programmes support accountability to all stakeholders

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