1. The Human Rights-Based Approach in the Programming Process
This session explains:
What is HRBA to development programming
Why a HRBA
The UN Common Understanding on HRBA to Development Programming and its main elements: -
Action 2 Learning Human Rights Together

2. What is a human rights-based approach?
What is NOT a HRBA …
Rhetorical repackaging
Human rights activities
Political conditionality
Tip for presenter. This presentation comes after the group work on the HRBA which will have already dealt with a lot of content issues that are covered in the present session. While running the presentation, do refer to issues emerge and discussed in the groups work.
The slide is animated. Start by Showing the title only and ask participants to indicate which of the definitions below correspond to the HRBA.
HRBA is about consistently referring to and applying the human rights terminology in UN reports, speeches, project documents etc.
HRBA is about conditioning the support of the UN to the country to the respect of human rights
3) HRBA is about designing and implementing specific interventions targeting the protection of human rights
None of them does…show the rest of the slide to highlight the essence of the HRBA
What is a HRBA?
HRBA is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. A HRBA focuses explicitly on discrimination and marginalisation in the development process
HRBA penetrates all development practice to the point that the boundaries of human rights and development disappear as both become conceptually and operationally inseparable parts of the same processes of social change. HRBA is applied to development in such a manner that it alters the way that programmes are designed, implemented, monitored and evaluated beginning with the assessment and analysis of the situation, which is ideally the point of departure.
The level of commitment is higher in the application of HRBA and requires addressing the challenges in a more comprehensive way. This means confronting persistent patterns of inequality and discrimination and formulating responses that will have taken into account the structural causes that enabled a political and societal environment to foster exclusion and marginalization and ultimately, the denial of human rights
- Example - Needs-based approach versus a rights-based approach to nutrition:
“The essence of the differences is that in the former “beneficiaries” have no active claim to ensure that their needs will be met, and there is no binding obligation or duty for anybody to meet these needs. In contrast, a rights-based approach recognizes beneficiaries as active subjects or “claim-holders” and establishes duties or obligations for those against whom a claim can be held.” Urban Jonsson
Focus is Both on Outcome and Process
In a HRBA, attention must be paid to results since the desired outcome and impact of any programme activity is that it contributes to further the realization of human rights. At the same time, attention must be paid to ensure that the development process does not deepen inequality, discrimination and ultimately conflict. Human rights principles and standards provide objective criteria for acceptable development processes, thus being participatory, inclusive and accountable processes which prioritize the most marginalized and excluded groups. For example, human rights principles should inform the process of formulating, implementing and monitoring a poverty reduction strategy.

3. What is a human rights-based approach?
A conceptual framework for the process of development:
normatively based on international HR standards and principles
operational directed to promoting and protecting HR
Recognizes human beings as rights-holders and establishes obligations for duty-bearers.
Focus on discriminated and marginalized groups
Aims for the progressive achievement of all human rights
Gives equal importance to the outcome and process of development
Tip for presenter. This presentation comes after the group work on the HRBA which will have already dealt with a lot of content issues that are covered in the present session. While running the presentation, do refer to issues emerge and discussed in the groups work.
The slide is animated. Start by Showing the title only and ask participants to indicate which of the definitions below correspond to the HRBA.
HRBA is about consistently referring to and applying the human rights terminology in UN reports, speeches, project documents etc.
HRBA is about conditioning the support of the UN to the country to the respect of human rights
3) HRBA is about designing and implementing specific interventions targeting the protection of human rights
None of them does…show the rest of the slide to highlight the essence of the HRBA
What is a HRBA?
HRBA is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. A HRBA focuses explicitly on discrimination and marginalisation in the development process
HRBA penetrates all development practice to the point that the boundaries of human rights and development disappear as both become conceptually and operationally inseparable parts of the same processes of social change. HRBA is applied to development in such a manner that it alters the way that programmes are designed, implemented, monitored and evaluated beginning with the assessment and analysis of the situation, which is ideally the point of departure.
The level of commitment is higher in the application of HRBA and requires addressing the challenges in a more comprehensive way. This means confronting persistent patterns of inequality and discrimination and formulating responses that will have taken into account the structural causes that enabled a political and societal environment to foster exclusion and marginalization and ultimately, the denial of human rights
- Example - Needs-based approach versus a rights-based approach to nutrition:
“The essence of the differences is that in the former “beneficiaries” have no active claim to ensure that their needs will be met, and there is no binding obligation or duty for anybody to meet these needs. In contrast, a rights-based approach recognizes beneficiaries as active subjects or “claim-holders” and establishes duties or obligations for those against whom a claim can be held.” Urban Jonsson
Focus is Both on Outcome and Process
In a HRBA, attention must be paid to results since the desired outcome and impact of any programme activity is that it contributes to further the realization of human rights. At the same time, attention must be paid to ensure that the development process does not deepen inequality, discrimination and ultimately conflict. Human rights principles and standards provide objective criteria for acceptable development processes, thus being participatory, inclusive and accountable processes which prioritize the most marginalized and excluded groups. For example, human rights principles should inform the process of formulating, implementing and monitoring a poverty reduction strategy. 3

4. Why a human rights-based approach 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
Implications and Added value of HRBA
In the shift from theory to practice, there has been considerable debate regarding its meaning, the added value to development and particularly on how to apply a HRBA to development programming so that it can have greater impact. There are three main rationales for a HRBA: (a) intrinsic; (b) instrumental; (c) and institutional.
(a) Intrinsic rationale
Acknowledging that a HRBA is the right thing to do, morally and legally
The HRBA is based on universal values (freedom, equality, solidarity, etc.) reflected in human rights principles and standards that provide a common standard of achievement for all men women and children and all nations.
The HRBA moves development action from the optional realm of benevolence (or charity) into the mandatory realm of law.
The HRBA establishes duties and obligations and corresponding claims, and underscores the importance of establishing accountability mechanisms at all levels for duty-bearers to meet their obligations.
The HRBA changes the concept from regarding people as passive beneficiaries of State policies to active participants in their own development and further recognizes them as rights-holders, thereby placing them at the centre of the development process.
(b) Instrumental rationale
Recognizing that a HRBA leads to better and more sustainable human development outcomes, the HRBA:
Focuses on analyzing the inequalities, discriminatory practices, and unjust power relations which are the root causes of the human rights and development challenges and processes that exacerbate conflict.
Has a special focus on groups subjected to discrimination and suffering from disadvantage and exclusion, including children, minorities and women. The twin principles of non-discrimination and equality call for a focus on gender equality and engaging with women’s human rights in all development programmes.
Emphasizes participation, particularly of discriminated and excluded groups at every stage of the programming process.
Counts on the accountability of the State and its institutions with regard to respecting, protecting and fulfilling all the human rights of all people within their jurisdiction (although in some instances the duty of the State may extend beyond their jurisdiction, e.g. prisoners of war).
Gives equal importance to the processes and outcomes of development, as the quality of the process affects the achievement and sustainability of outcomes.
(c) Institutional value
The UN has a comparative advantage in its core mandate on Peace, Security, Human Rights and Development and the values of the UN Charter. In that regard, neutrality and respect for self reliance make the UN a privileged partner to deal with sensitive issues in a holistic manner, which means that:
Development challenges are examined from a holistic lens guided by the human rights principles and taking into account the civil, political, economic, social and cultural aspects of a problem (e.g. poverty reduction strategy is guided by rights to education and health as well as freedom of expression and assembly and right to information etc.)
A HRBA lifts sectoral “blinkers” and facilitates an integrated response to multifaceted development problems, including addressing the social, political, legal and policy frameworks that determine the relationship and capacity gaps of rights-holders and duty- bearers.
A HRBA requires using the recommendations of international human rights mechanisms in the analysis and strategic response to development problems.
A HRBA can also shape relations with partners since partnerships should be participatory, inclusive and based on mutual respect in accordance with human rights principles

5. UN Common Understanding on Human Rights-based Approach
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
2. Human rights standards and principles guide all development cooperation and programming in all sectors and 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
PROCESS
OUTCOME
In recent years, UN agencies have moved to integrate human rights to different degrees. Some agencies have adopted a HRBA fully, which requires institutional change and the way development work is carried out through the design of country programmes and other activities.
The different level of adoption and practice led to a need for a common understanding of HRBA among UN agencies and for conceptual clarity about human rights in regard to programming. The understanding reached highlights three implications of HRBA to development cooperation and programming, as follows:
The ultimate objective must be a greater realization of rights.
The process of development must be of a certain type; processes should be guided by human rights principles and standards, and this should happen for all development strategies, in all sectors and phases of the programming cycle.
The focus of strategies is capacity development of rights-holders to claim their rights, and of duty-bearers to fulfill their obligations.
These are the three key elements of the UN Common Understanding elaborated at the Stamford meeting in 2003
Each one of them will be elaborated in greater detail in the next slides

6. 1. 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
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
This clause answers the “why” of development assistance in the UN
The Goal of Development Programmes is to further Realization of Rights
A set of programme activities that only incidentally contributes to the realization of human rights does not necessarily constitute a HRBA to programming. In a HRBA, the aim of all activities is to further advance the realization of human rights. The more human rights are realized, the more positive the impact of development. At the same time, a deterioration of human rights could indicate that development strategies are failing.
The practical implications in programming are the following:
Development challenges and goals should be framed and formulated as human rights that must be respected, protected and fulfilled. For example, the objective of a programme on education would be “to ensure universal and free primary education” instead of “to ensure sufficient and adequate educational infrastructure”. Particular attention would therefore be required for groups whose right to education is most endangered – including girls, children in rural areas, and ethnic and racial minorities.
Human Rights standards help to define the precise elements of the development objectives, which otherwise would be too general and open ended. For example, the objective of ensuring food security requires that food is accessible, affordable, and biologically and culturally acceptable.
The observations and recommendations of International human rights mechanisms are now recognized as essential tools for analysis and programming, including the setting of objectives.

7. Programming informed by Human Rights Mechanisms
OObservations by Treaty Bodies & Special Procedures:
→ Analysis of development issues from a HR lens
RRecommendations by Treaty Bodies & Special Procedures:
→ Provide tools for UN programming to address problems identified
GGeneral comments by Treaty Bodies:
→ Identify the precise content of development objectives by clarifying the meaning
Tip for Presenter
This slide links to the first element of the UN Common Understanding and aims to clarify the relationship between the HRBA and the use of International Human Rights law and related protection systems
The observations and recommendations of Treaty Bodies (TB) and Special Procedures offer valuable references and tools for UN programming consistent with the provisions of the relevant treaties which should inform the CCA/UNDAF process, as follows:
Source for country analysis: Identifying key development issues from rights-based perspective.
Source for programming: In their recommendations TB and SP outline the main actions that a government should undertake from a rights perspective in order to overcome a development problem. UN can play a key role in assisting the government in the follow-up to the recommendation. Whenever there is an absence of knowledge or political willingness, The observations and recommendations can become an important advocacy tool in the dialogue with government partners.
Example from Guatemala:
In its concluding observations, the Committee on Economic, Social and Cultural (CESCR) rights shows its concern about high maternal mortality rate in Guatemala. In turn, it recommends a number of actions to implement, among which to mainstream reproductive health in school curricula.
The CESCR clarifies in its General Comment No. 14 on right to health that access to health-related education and information, including on sexual and reproductive health is part of right to health (GC14). This clarification, not only provides guidance to UN agencies doing programming on sexual and reproductive health. It can also be used as an important advocacy tool with local governments and national stakeholders in moving forward the human rights and development agenda.
TB general recommendations clarify the meaning and the minimum normative content of a right. When this minimum content is not met, the right is not fully respected or fulfilled. In the example provided, “The Committee (CESCR) interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health”. Therefore, If the lack of access to information on reproductive health results on a high maternal mortality rate, the State would be violating the right to health.

8. 2. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process
PROCESS
Human rights standards and principles improve the quality of outcomes and processes
Human rights principles provide the “playing rules” for the development process
Human Rights are both sectoral and instrumental. Both standards and principles improve the quality of outcomes and processes
Human Rights Principles ensure that the development process creates a favourable environment and does not harm the realization of human rights
Tip for Presenter
Standards and principles will be elaborated in greater details in next slides
In HRBA the HR principles guiding the development process are equally important as the human rights standards defining the content of the development objectives. The type of process determines the final outcome and its sustainability. HRBA has also a procedural dimension. Key principles such as participation, equality and non discrimination and accountability ensure that the development and programming processes create a favourable environment for the realization of HRs.

9. Human Rights Standards
In programming, the standards guide:
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
The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice
The international human rights instruments contain the human rights standards which constitute the minimum normative level or content of entitlements and obligations against which duty-bearers at all levels of society—but especially organs of the State—can be held accountable.
Articles in the treaties (e.g. rights relating to health can be found in the ICESCR, CEDAW, and the CRC)
General comments of the UN treaty bodies (e.g. availability, accessibility, and adequacy of health services, GCESCR; gender equality and women’s rights to health, GRCEDAW)”
Ask participants for an example in which they think food is not culturally acceptable
National legislation (national constitution, laws and regulations, jurisprudence…) can establish higher standards than international law
Example: A minimum standard is the minimum level or content necessary to be able to affirm that a right is being fulfilled. One example of minimum content: food can be available, accessible, and affordable in a quantity and quality sufficient to satisfy the dietary needs of individuals. However, if the food available is not culturally acceptable (pork meat in Muslim cultures) then the right to food would be violated.
In the right box:
Identification of development challenges as human rights issues: In a country where 40% of children suffer malnutrition, the human rights standard on right to food (article 11 of CESCR and GC 12) tells us that food has to be available and accessible. In fact, there are countries which face that level of chronic malnutrition, where food is available but is not accessible to half of the population due to social and economic disparities.
Analysis of roles and capacities: The Ministry of Labour is responsible for the implementation of workers’ rights, but often fails to enforce the policy on minimum wage, given strong resistance from big business interests. Workers are often afraid of reprisals if they claim their rights, given the lack of State protection against abuses by landowners. Rural women in particular still face discrimination in relation to wages and land ownership, and often do not even have identity documents. (excerpt from a report of the Special Rapporteur on Right to Food from a country visit in 2005).

10. Human Rights Principles
Universality and inalienability
Indivisibility
Interdependence and Inter-relatedness
Equality and non-discrimination
Participation and inclusion
Accountability and rule of law
The colour shows a difference between the two sets of principles. Those in green are content-oriented while those in blue are process-oriented.
Tip for presenter. HR Principles will be treated in more detailed through a separate presentation. This is to provide quick understanding of definitions
Universality and inalienability: Human rights are universal and inalienable. Every man, woman or child everywhere in the world are holders of human rights by virtue of being human. The human person in whom they inhere cannot voluntarily give them up. Nor can others take them away from him or her. Article 1 of the UDHR, “All human beings are born free and equal in dignity and rights.” Universality also refers to the obligation of every State to respect and protect the human rights in international instruments. These rights form a core minimum standard to be observed by every State.
Indivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked
Inter-dependence and Inter-relatedness: The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the right to education, the right to information, the right to food and nutrition, the right to safe water and sanitation etc. A malnourished girl is unable to perform in school and to benefit from an education that will enable her to participate in civil society and in the democratic process.
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 race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of the human rights of both men and women on the basis of equality is an absolute requirement of international human rights law.
Participation and Inclusion: Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized.
Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress

11. …The integration of human rights principles and standards into all stages of the programming process…
ASSESSMENT & ANALYSIS
MONITORING AND EVALUATION
PRIORITY SETTING
Tip to presenter
The heading of this slide zooms into the second element of the UN common Understanding
Programming for development practitioners is the process through which development interventions produce necessary change to achieve development goals.
Ensuring that principles and standards are consistently being respected throughout the programming cycle and at all level of a result chain (Output, outcome and impact)
Non-discrimination, participation, local ownership, capacity development and accountability are essential characteristics of a high quality process.
The CCA/UNDAF guidelines establish that the UN programme process has the following key steps:
Assessment
Analysis
Prioritizing development challenges
Clarifying expected results and the role of different actors
Designing country programmes and projects
Monitoring and Evaluation
PROGRAMME PLANNING
AND DESIGN
IMPLEMENTATION

12. Human Rights require higher cultural sensitivity…
Understanding beliefs and values facilitates the implementation of the HRBA
Cultural sensitivity allows for higher degrees of programmatic ownership by communities
However, cultural claims cannot be invoked to justify human rights violations
Some cultural practices can be human rights claims
CEDAW requires the modification of cultural patterns and customary practices where they contribute to gender inequality
Vienna Declaration 1993, para 5: All Human Rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of the States regardless of their political, economic, and cultural systems, to promote and protect all human rights and fundamental freedoms.
The concrete steps taken to implement CEDAW, and the other international human rights treaties, will often be different in different countries, and should be culturally appropriate. However CEDAW is clear that where aspects of a culture or tradition are discriminatory, claims based on culture do not “trump” human rights. Work must be done to eliminate discrimination against women at this level, just as it must take place at the level of laws and policies
An understanding of the beliefs and values of the people facilitates the implementation of the HRBA: for example, campaigning to end female genital cutting is not a value judgment on any African culture where the practice is being exercised, but it is a judgment that the practice violates the right to integrity, the right to freedom from discrimination on the basis of gender and the right to health, among other rights. A human rights perspective affirms that the rights of women and girls to integrity, freedom from discrimination and to the highest standard of health are universal. Cultural claims cannot be invoked to justify their violation.
Some cultural practices can be human rights claims: For example, the identity rights of indigenous peoples (ILO Convention 169) or the right of a child belonging to a minority to enjoy his or her own culture, religion or language.
Best practices:
The Right to Health in Peru – When maternal mortality levels among Andean communities continued to show triple the national average, it was discovered that among the factors that contributed to this was the fact that Andean mothers were refusing to attend the maternity clinics, which they considered were not sensitive to their culture and traditions but were based upon modern medical practices. Consultations with Andean women helped UNICEF to assist the health providers to include the women’s preferences for herbal teas, birthing position and treatment of the placenta, acceptable colors in the birthing rooms, privacy from male medical staff and other aspects that were in accordance with the Andean culture. As a result of this intervention, a reduction in the maternal and infant mortality was noted
As part of its national strategy to address the needs of the poorest, underserved communities, UNFPA's Ecuador country programme has financed an innovative project in Otavalo to improve the quality and scope of reproductive health care provided to Quechua-speaking communities, in particular. This support allowed the Jambi Huasi health clinic, which was established in 1994, to expand and upgrade its services, initiate an outreach programme, provide reproductive health education and information to women, men and adolescents and introduce a referral system for obstetric complications. Jambi Huasi provides both modern and traditional medical treatment, as well as family planning advice and services. The traditional healers draw from a “pharmacy” of over 3,600 native plants used for medicinal purposes. The unique combination of services has made Jambi Huasi a very popular clinic. Although it was initially set up to serve some 4,000 people a year, by 2005 over 1,000 people per month were using the clinic's services, some coming from as far away as 50 kilometers.
While trying to combine the two systems of obstetric attention, Jambi Huasi searches on the one hand to respect confidence which indigenous women have in the traditional birth attendants due to the role which they play in the community and on the other hand offer an institutional service technically capable to resolve complication and a system of reference in case of obstetrical emergency.
From the beginning the focus of UNFPA’s work was respectful of the cosmovision, recognizing that one can not approach the indigenous population in the same way as a population ‘mestizo’. The support of UNFPA aimed at strengthening the capacity to develop and lead an intercultural proposal for health.
As Quechua communities learn more about reproductive health issues and how to take better care of their children and newborns, the contraceptive prevalence rate has risen from 10 to 40 per cent in areas served by Jambi Huasi. Jambi Huasi changed the perspective of health towards a combination of traditional and occidental medicine. At the moment, mestizo and indigenous populations are using the services of Jambi Huasi. Jambi Huasi is moving from a “pilot” project to public policies, influencing the Ministry of Health for an inclusion of cultural perspectives in their work.

13. 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 between individuals and the 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
Tip for presenter
Issues such a definition of duty bearers and claim holders, their relationship as well as capacity development are treated in the following slides
The focus state-individual stresses the need to work towards an effective and fair power equilibrium between rights holders and rights-holders duty bearers.

14. Rights-holders & 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 less
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
Duty-bearers
Human rights obligations can also attach to private individuals, international organizations and other non-State actors. Parents, for example, have explicit obligations under the Convention on the Rights of the Child and States are obliged to cooperate with each other to eliminate obstacles to development. Moreover, individuals have general responsibilities towards the community at large and, at a minimum, must respect the human rights of others.
However, the State remains the primary duty-bearer under international law, and cannot abrogate its duty to set in place and enforce an appropriate regulatory environment for private sector activities and responsibilities. National legislation and policies must detail how the State’s human rights obligations will be discharged at national, provincial and local levels, and the extent to which individuals, companies, local government units, NGOs or other organs of society will directly shoulder responsibility for implementation.
Rights-holders
Programmes Contribute to develop the capacity of Rights-Holders to claim their rights. Every individual is a rights-holder and entitled to the same rights without distinction. To some extent groups are also entitled to human rights. The HRBA requires that special attention be paid to supporting members of groups subjected to discrimination, or suffering from disadvantage or exclusion, to claim their rights.

15. Capacity development
Capacity: ability of individuals, organizations and societies to performs functions, solve problems, and set and achieve individual goals.
Capacity development: sustainable creation, use and retention of capacity.
Rights holders capacities: (i) to understand their rights, (ii) to formulate demands on the state to honor these rights and third, (iii) to seek redress if their rights are violated.
By developing the capacities of rights holders we are empowering them to claim their rights
Duty bearers: the capacity of the State at all levels (all branches of the State and all sectors of government, at the national, provincial, municipal level) to meet its obligations to resepct, protect and fulfil.
The obligation/duty to Respect: requires the duty bearer to refrain from interfering directly or indirectly with the enjoyment of the right.
The obligation to Protect: requires the duty-bearer to take measures that prevent third parties from interfering with the enjoyment of the right
The obligation to Fulfil (facilitate): requires duty-bearers to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right
The obligation to Fulfil (provide): requires duty-bearers to directly provide assistance or services for the realization of the right.
By developing the capacity of the State to respect, protect and fulfil, the State institutions and government officials become more accountable.
Political will (commitment) and capacity

16. HRBA in UN Country Programming Process
Analysis
UNDAF
Prog/
Project
M&E
Establishes causal
connections of rights
Identifies patterns of
discrimination,
inequality, and
exclusion
Identifies the capacity
gaps of rights-holders
and duty-bearers
Rights-holders &
accountable
duty-bearers
contribute to the
realization of
human rights
Strengthened
capacity of
rights-holders
and
duty-bearers
Establish
mechanisms for
participation of
rights-holders &
duty bearers
in prog./ project
monitoring
This slide illustrates the UN Common Programming process and should be used to illustrate some of the elements on the UN Common Understanding to HRBA which were explained during this session.
The slide is also linking with the following sessions, which explain the added value of HRBA to each phase of the programming process.

17. Practicing the HRBA Group Work Instructions
Session 4
The following slides serve to unpack the meaning and practical implications of human rights principles in strengthening National Human Rights Protection Systems (NHRPS) through rights based programming.
If the resource person decides to run the role play, these slides can be used as a check list for the role play debriefing
Irrespective of doing the role play or not, these can be always used to facilitate a plenary or group discussion
Action 2 Learning Human Rights Together

18. Human Rights Principles in Action
The following slides serve to unpack the meaning and practical implications of human rights principles in strengthening National Human Rights Protection Systems (NHRPS) through rights based programming.
If the resource person decides to run the role play, these slides can be used as a check list for the role play debriefing
Irrespective of doing the role play or not, these can be always used to facilitate a plenary or group discussion
Action 2 Learning Human Rights Together

19. Group exercise (15min)
Each group assigned a few HR principle
Review the Stamford Common Understanding on HRBA (handout) and for the human rights principle assigned, discuss:
Q: What are the major implications of applying this principle for country programming?
Summarise your response on not more than 1 sheet of flip chart paper
This question oriented towards the UN architecture; treaty bodies. Technical assistance etc.

20. Principles of Universality & 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
Eg. Polio vaccination campaigns
Question: Is the principle of Universality similar to the principles of equality and non-discrimination?
Answer: The principle of universality and inalienability is in essence concerned that no one is left out or excluded from HR; while the principle of equality and non-discrimination is in essence concerned with undoing the specific patterns of discrimination that have been identified by the HR treaties, in order to achieve equality for groups that are currently subjected to discrimination.
Universality and inalienability: Human rights are universal and inalienable. Every man, woman or child everywhere in the world are entitled to them. The human person in whom they inhere cannot voluntarily give them up. Nor can others take them away from him or her. As stated in Article 1 of the UDHR, “All human beings are born free and equal in dignity and rights.”
Application of these principles: The question to ask is whether all the people of a specific country are able to enjoy all their human rights? For example, are women and men able to enjoy their human rights on an equal basis? Are children, adolescents, minorities and other groups within the population able to enjoy their rights? By all their human rights we are referring to those rights that have been recognized in the international human rights treaties, including the Universal Declaration of Human Rights.
“While every human being is entitled to his or her human rights, there are groups of people who are most likely to be overlooked or marginalized, and whose rights are most in danger of being violated or remaining unfulfilled. The HRBA requires that we keep this potential negative outcome in mind. We need therefore to ensure that duty bearers attend – not just to majorities of people – but also to the most marginalized and excluded people. And the UN’s own programming must similarly ensure this outreach and inclusion. Among the groups most in danger of being left outside of human rights protection are those suffering from multiple forms of disadvantage, such as the poorest of the poor, or rural ethic minorities.

21. Principles of Indivisibility & Inter-relatedness
HR principles of inter-relatedness and indivisibility requires:
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 multi-sectoral responses
State institutions:
Ensure inter-institutional and multi-sectoral coordination
Include those institutions in charge of protection, monitoring and accountability
Indivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked, a priori, in a hierarchical order.
Application of this principle: In applying this principle, the question to ask is whether in the specific country some rights are regarded as more important than others to the detriment of the enjoyment of some human rights? For example, are civil and political rights equally respected and protected, as well as economic, social and cultural rights? Are other treaty rights – such as rights to equality under CEDAW and CERD – given the same priority as the rights guaranteed by the ICCPR and ICESCR?
Inter-dependence and Inter-relatedness: The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the rights to education, information, food, participation etc.
Application of this principle: development issues are not addressed in isolation, rather, by recognizing the interdependence of human rights, the analysis of any situation and the strategic response becomes more holistic and comprehensive.

22. Principles of Equality & 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
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 race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of the rights of both men and women on the basis of equality is an absolute requirement of international human rights law.
Application of these principles: The question to ask is which are the sectors of society excluded or not enjoying equal status and thus deprived of exercising their human rights? Are there laws in the country that are discriminatory? Are there institutional, administrative or regulatory practices that are discriminatory against a particular group of the population? Is there a prevailing culture of “de facto” discrimination in the society? Are there national standards for positive discrimination or affirmative action recognized and applied?. It is important to keep in mind that the human rights treaties have identified particular discriminated and disadvantaged groups for focused attention: women (CEDAW), children (CRC), racial and ethnic minorities (CERD), and migrant workers (CMW).
Structural discrimination: derives from historic processes of exclusion from access to the economic, political and institutional resources needed to live on an equal footing with the rest of the population

23. Principle of Participation
HR principles of Participation requires:
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
Participation and Inclusion: Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized
Application of this principle: The question to ask is whether marginalized and excluded people are able to participate freely in their own development and whether there are opportunities for participation? Do marginalized groups have access to information and the capacities to participate meaningfully And make specific proposals? are there spaces for public participation in the decision-making process? Are there parallel mechanisms disempowering the participation? Is there an active and independent civil society in the country that has the capacity to participate in such processes? Are civil society organizations representing the voice of the most marginalized and excluded? In the context of development cooperation it is necessary to ask whether the beneficiary target group is involved in the development and implementation, monitoring and evaluation of the programmes?
The Meaning of Participation is Empowerment
A HRBA entails the free, active and meaningful involvement and participation of individuals and social groups in the development process. The meaning of participation here is in the sense of “empowerment” of individuals and groups, which implies significant control over decision-making processes, rather than mere consultation or information sharing. Accordingly, in the context of development programming broad participation involving for example, children, women, minorities, rural communities and civil society organizations during the assessment and in the gathering of information can lead not only to valuable findings but to increased understanding by all members of society of what their roles are in claiming and fulfilling human rights. Furthermore, when there are spaces for people to examine problems together and agree on the causes, they are more likely to support the implementation of actions to resolve them.
The role of managing effective participation
Managing effective participation takes time and patience. Whether it takes place at the local project level or the national policy level, it is important to stress that the principal mechanism for participation should, as far as possible, be existing democratic structures. In some circumstances, establishing alternative framework for participation can undermine fledging democratic structures, create unwelcome parallel systems and, in the longer term, prove unsustainable. Nevertheless, in many cases, innovative arrangements may well be needed to facilitate the participation of marginalized groups.

24. 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
Eg. Independent human rights parliamentary bodies, National Human Rights Institutions, judges, courts and legal counsel
State to cooperate with international Human Rights Systems:
Complying timely with international reporting obligations
Inviting Special procedures and providing information
Implementing the TB and SP recommendations
Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law.
Application of these principles: By voluntarily accepting the obligations of the international human rights instruments, and the corresponding domestic laws, the State and all its actors have a duty to respect, protect and fulfil human rights. Therefore, the question to ask is whether the relevant authorities at the State, local and community level comply with their duties? If not, what are the main obstacles? Are there mechanisms in place for those deprived of their rights and entitlements to seek appropriate redress? Is the Rule of Law respected and enforced in the country? Do the Civil Society Organizations have the capacity to mobilize the society in monitoring and evaluating the performance of institutions and public policies?

25. Principle of Accountability
Principle of Accountability requires:
Accessible, effective and independent mechanisms and procedures of redress
Implications for Human Rights Protection Systems
Legal frameworks should:
Be In conformity with human rights norms
Establish conditions, procedures and mechanisms for RH to claim their rights and DB to comply with their obligations
Public policies should:
Take progressive steps to address the weaknesses in the accountability systems
Implement the human rights obligations of the state at a central, regional and local level
The Role of Constitutional Court or Similar Institution
The existence or establishment of an independent institution, charged with the surveillance of laws adopted by the Parliament and to rule on their constitutionality and/or their conformity with international human rights norms and standards, is important in the context of an effective NHRPS. Ideally, such courts or institutions automatically review all adopted legislation. However, in many cases they review laws which have been challenged - either by the Government, the Parliament, or in some cases by a judge or members of the civil society. Prerogatives of a Constitutional Court can be mandated to the Supreme Court.
Constitutional & Legal Frameworks Should:
Be in conformity with international human rights norms, standards and principles
Establish frameworks for policies for human rights protection
Allow effective remedies for violations and abuses
Promote participation, decision-making processes and cooperation with international and regional protection system

26. Principle of Accountability
Principle of Accountability requires:
Free and independent media, and groups of human rights defenders representative of men, women and marginalized or excluded groups
Implications for Human Rights Protection Systems
An active rights sensitive civil society should:
Monitor the State compliance with its human rights obligations
Articulate concerns of the society and advocate for social positive change
Provide information and shadow reports to international human rights mechanisms
eg. Campaign on access to retro-viral medication in South Africa
Courts in a wide range of countries and legal systems are applying international human rights principles and standards. For example, in 2002 the Constitutional Court of South Africa declared that the Government had breached its human rights obligations by failing to take reasonable measures (at affordable cost) to make wider provision of anti-retroviral medication to prevent mother-to-child transmission of HIV. This decision and the grass-roots campaign surrounding it have helped to save many lives. The successful outcomes in these cases are to a great extent attributable to the fact that litigation strategies were integrated within wider social mobilization processes.

27. Gender and age dimension in crises and emergencies
Crises and emergencies can have very different impacts on men, women and children.
Women and children almost always make up a large majority of displaced and refugee populations.
Key message:
Crises and emergencies have very different impacts on men, women and children. It is important to take into account age and gender dimension for preparedness and response.
Summary of key content on the issue of gender and age dimension:
The disruption of food supplies, the destruction of crops and agricultural infrastructures, the disintegration of families and communities, the displacement of populations and the destruction of educational and health services and of water and sanitation systems, all take a heavy toll on children [and women].
Crises and emergencies can have very different impacts on men, women and children. Women and children almost always make up a large majority of displaced and refugee populations. In such situations, women’s roles and workloads may be abruptly changed and their rights may be threatened due to violence and lack of security. Due to their vulnerability, impact of conflict on children is substantial. Careful consideration of gender and age aspects of the crisis and of the humanitarian response can mitigate these differential and negative effects. Humanitarian assistance and transition support can also provide an opportunity in promoting positive changes in gender roles.
Rape is often a feature of armed conflict, and is sometimes employed systematically to humiliate dominate or disrupt social ties among the “enemy.” Less attention has been given to the women and girls, who during flight and in refugee settings may be forced to offer sex in exchange for food, shelter or protection. Domestic violence also rises significantly among displaced populations. The impact of violence, especially rape, can be devastating. Many survivors will not report rapes and others may feel powerless to do so. (extracted from Policy for UNFPA emergency preparedness, 2006)
It is important to ensure participation of women and children in truth and reconciliation processes. A look at the participation of women and children in transitional justice systems reveals that whereas women and children have been victims and have suffered the impact of violence, human rights abuses and conflict, their participation has not been significant. Resolution 1325 calls for increased representation of women at all decision making levels in conflict prevention, management and resolution and increased attention to the specific protection needs of women in conflict, including refugees. Resolution 1325 is the first resolution ever passed by the Security Council that specifically addresses the impact of war on women, and women's contributions to conflict resolution and sustainable peace.
Resolution 1612 establishes a monitoring and reporting mechanism on the use of child soldiers, reaffirmed its intention to consider imposing, through country-specific resolutions, targeted and graduated measures, such as a ban on the export and supply of small arms and light weapons and called upon all parties concerned to ensure that the protection, rights and well-being of children affected by armed conflict are specifically integrated into all peace processes, peace agreements and post-conflict recovery and reconstruction programmes.
Answer: Examples: Women are uniquely vulnerable to vitamin and iron deficiencies – particularly anaemia, which can be fatal for pregnant women and their babies; Women suffer a range of reproductive health problems, from not having sanitary supplies for menstruation to life-threatening complications related to pregnancy; gender-based and sexual violence; traumatic fistula; Women are primarily responsible for caring for those made vulnerable by war- children, the sick and the elderly. Children are vulnerable to sexual abuse and exploitation, post-traumatic stress syndrome, loss of parents, recruitment and use by regular and irregular armies, trafficking, land mines, malnutrition and disease.