Human Rights Impact Assessment Methodology (HRIA) and discrimination: from human rights violations to human rights measurement Me Lucie Lamarche, prof.

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Human Rights Impact Assessment Methodology (HRIA) and discrimination: from human rights violations to human rights measurement Me Lucie Lamarche, prof. Faculty of Law U of Ottawa G. F. Henderson Chair in Human Rights Feb. 12 th 2008

The Human Rights Framework (normative) Immediate respect of civil and political rights in ALL cases; Social rights: 3A approach: accessibility; adaptability; affordability (core and progressive realisation); Non discrimination (intersectoral); Participation and consultation (ex ante – ex post).

All Human Rights are Interdependent and indivisible Projects, Policies and Programs must respect ALL human rights in a non discriminatory manner. All actors are accountable for human rights’ violations.

Discrimination and Human Rights Discrimination occurs when a legislation, a policy, a program or a strategy directly or indirectly produces exclusionary or prejudicial effects for a vulnerable group or for a member of such group in regard of one or of many human rights.

Core content of Human Rights Basic needs; Human dignity; Non discrimination; Immediate claim; No claw back; Effective remedies.

Duty Holders and Human Rights State: protect; promote; fulfill. Non state: respect and not to be complicit.

Human Rights and Social Development: from Copenhagen to … now How to assess development ? Are Human Rights only about violations ? The Added Value of a Human Rights framework

What is HRIA ? A goal ? A tool ? An evaluation benchmark ? An indicator ? A qualitative or a quantitative creature ?

HRIA and S. Development: not an obvious encounter Some contentious issues: What do you assess ? To whom is the agency accountable ? What is accountability ?

The Global Context UN High Commissioner for Human Rights - OHCHR; UN High Commissioner for Human Rights - OHCHR; Millenium Goals; Millenium Goals; Global Compact; Global Compact; Fight against Poverty; Fight against Poverty;

An example: Rights and Democracy Foreign Investments HRIA methodology: a process for civil society (1) Preparation (what’s the problem or the anticipated one?); The Legal Framework (including for the investment) What rights are at stake? Situation Analysis; Investigation Process; Data Analysis; Report, monitoring and follow up

An example: Rights and Democracy Foreign Investments HRIA methodology: questions (2) What if the methodology is not used in a «problem solving environment» ? Can it be used to assess the respect of ALL human rights in a specific context ? Can it be used for ALL human rights’ implementation ? Does progress equal progressive implementation ?

HRIA and the Politics of Human Rights Are Human Rights a «science exacte» ? Are we being kept busy monitoring human rights ? Are we keeping the experts happy ?

Why HRIA ? Because the State actor does not have the last word … Because non state actors, including corporations and NGOs, ARE accountable; Because the social justice movement is moving toward human rights’ accountability; Because answering needs is not necessarily implementing HR; Because «result based» can be … any result; Because accountability is a broader concept than HR violations.

But what is HRIA A methodology described as: An empowering process for communities; A universal benchmark in an era of globalisation; A tool for accountability dialogues.