Questions and Answers

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What are human rights?

What are the main principles of human rights?

Are human rights really universal?

What is the framework for human rights?

What is rights–based programming?

How does a rights approach add value?

How do needs and rights differ?

How do rights–based and development
programming differ?

What are the principles underpinning RBA?

What are the challenges to RBA?

What are human rights?

One definition (CARE) of human rights is stated succinctly:

“Human rights are entitlements all people have to basic conditions supporting their efforts to live in peace and dignity and to develop their full potential as human beings.”

Another, from the Office of the High Commissioner for Human Rights, states:

"Human Rights may be defined as universal legal guarantees, that belong to all human beings, and that protect individuals and/or groups from actions and omissions that affect fundamental human dignity."

What are the principles underpinning human rights?

Universality and inalienability: Human rights are universal and inalienable. All people 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”.

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 in a hierarchcy.

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 or of the right to information.

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, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as explained by the human rights treaty bodies.

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 before a competent court or other adjudicator in accordance with the rules and procedures provided by law.

 

Are human rights really universal?

Yes … Human rights comprise what is essential for humans – no matter who we are or where we reside – to live with basic dignity and self-worth. In this sense, they are, by their very nature, universal.

At the same time, it must be acknowledged that western perspectives have been disproportionately represented in the formulation of internationally agreed human rights and recognised that human rights lack, to one degree or another, cultural legitimacy in many parts of the world. This may change with a broadening and deepening of the ownership of human rights, while at the same time promoting greater inclusion and participation of all in the continuing identification and articulation of such rights.

What is the international framework for human rights?

The primary frame of reference is the International Bill of Rights, consisting of the UN Charter, the Universal Declaration of Human Rights (UDHR) and the subsequent International Covenants on Economic, Social and Cultural and on Civil and Political Rights (ICESCR and ICCPR, respectively).

The International Bill of Rights identifies these basic, minimum conditions and states that all human beings are entitled to their fulfillment.

Further human rights treaties elaborate on the International Bill of Rights and provide specific protection to vulnerable groups, such as refugees, women, children, and indigenous groups. These treaties are also important reference points for work with such groups. And in armed conflict zones, rights (especially civilians’ rights) specified in international humanitarian law (also known as the laws of war because they regulate the conduct of war) are also an important point of reference.

What is rights–based programming?

A rights based approach to programming integrates the norms, standards, and principles of the international human rights system into the plans, policies and processes of development.

Mary Robinson, former High Commissioner for Human Rights, elaborates on this as follows:

"The rights-based approach... means describing situations not in terms of human needs, or areas of development, but in terms of the obligation to respond to the rights of individuals.

This empowers people to demand justice as a right, and not as charity. And legitimizing those demands provides balance against other, less positive, forces. This implies the direct involvement of people in decisions relating to their own development.

Internationally, a rights-based approach provides the community with a sound moral basis on which to claim assistance and to advocate a world economic order respectful of human rights."

(Mary Robinson - foreword to "A human rights conceptual framework for UNICEF" by Marta Santos Pais 1999)

How does a rights–based approach add value to programming?

  • It creates an overall framework within which all development activities can be organised, and defines a long–term goal.
  • It identifies responsibilities for holding duty bearers accountable and sets standards against which progress can be measured.
  • It encourages legal and other reforms which create a much greater likelihood of sustainable change.
  • It promotes more effective and complete analysis.

What is the difference between needs and rights?

A right is something to which I am entitled solely by virtue of being a person. It is that which enables me to live with dignity. Moreover, a right can be enforced before the government and entails an obligation on the part of the government.

A need, on the other hand, is an aspiration that can be quite legitimate, but it is not necessarily associated with an obligation on the part of the government to cater to it; satisfaction of a need cannot be enforced. Rights are associated with “being”, whereas needs are associated with “having.” (A. Sen, Development as Freedom p18)

Such differences have practical implications, as illustrated below:

Basic Needs Approach

Human Rights Approach

Needs are met or satisfied

Rights are realised (respected, protected, facilitated, and fulfilled)

Needs do not imply duties or obligations although they may generate promises

Rights always imply correlative duties or obligations

Needs are not necessarily universal

Human rights are always universal

Basic needs can be met by goal or outcome strategies

Human rights can be realised only by attention to both outcome and process

Needs can be ranked in a hierarchy of priorities

Human rights are indivisible because they are interdependent. There is nothing like ‘basic rights’.

Needs can be met through charity and benevolence.

‘Charity in obscene in a human rights perspective’ (I. Kant)

It is gratifying to state that “80% of all children have had their needs met to be vaccinated.”

In a human rights approach, this means that 20% of all children have not had their right to be vaccinated realized.

It is an excuse to state that the “government does not yet have the political will to enforce legislation to iodise all salt.”

This means that the government has chosen not to carry out its duty and has instead chosen not to enforce legislation to iodise all salt.

What is the difference between rights–based programming and development programming?

One observer makes the following distinctions:

Development programming

Human rights-based programming

People cannot be developed; They must develop themselves. People, including people who are poor, should be recognized as key actors in their own development, rather than as passive beneficiaries or transfers of commodities and services

In a human rights perspective, people, including people who are poor, are subjects of rights. It is therefore logical to recognize people who are poor as key actors in their development by empowering them to claim their rights.

Participation is crucial, both as an end and a means. Participation, however, should not be seen as 'they' participate in 'our' programme or project but rather 'we' behave in such a way that 'we' are allowed and invited to participate in 'their' development efforts.

Participation, including children and women's participation is a human right enshrined in many conventions; a right often violated. In a human rights perspective, participation is both a necessary outcome and a necessary aspect of the process.

Empowerment is important, but it is not a strategy. 'Empowerment' and 'disempowerment are aspects of any strategy. Such as advocacy, capacity building or service delivery.

Human rights imply dignity and respect for the individual. This means self-esteem and equality. Circumstance and chance should not dominate one's life. A HRAP implies a people centred approach to development, in which outside support should be catalytic and supportive to people's own efforts.

Role of stakeholder analysis is very useful for social mobilisation, programme development and evaluation because is identifies clear accountabilities in community and society.

Most stakeholders, although not all, are dutybearers. An important step in a HRAP is the identification of key relations between the child as a claim-holders and all duty-bearers. Such an analysis is similar to, but is more than, a stakeholder analysis.

Pure top-down approaches should be rejected because they deny the principle of 'people as actors'. Pure bottom- up approaches should be rejected because they are utopian. It is not either/or; it is both. It is the synergism between appropriate top-down and bottom-up approaches that should be promoted.

A HRAP requires respect for knowledge and dignity of people. It implies a people-centred approach to development in which outside support is only catalytic and supportive to people's own efforts. On the other hand, in many communities, HR values need to be promoted 'from above' because they are not yet internalized.

Programmes should be developed on the basis of a situation analysis that identifies priority problems and their immediate, underlying and basic causes. Immediate, underlying and basic causes should be addressed either simultaneously or in sequence.

A HRAP requires an understanding of the causes at all levels - immediate, underlying and basic. The internalization of human rights values makes it inescapable that the basis or structural causes are addressed. The indivisibility of human rights also emphasizes the simultaneous attention to causes, at all levels, including the basic level.

Goal setting is important. The necessity for scaling up needs to be considered at the planning stage. Efforts should promote that positive changes are sustainable and sustained.

The realisation of the human rights requires both he achievement of desirable outcomes and a good process through which the outcome is achieved reflecting human rights values. In that sense a HRAP implies goals. But 'the end does not justify the means.' This is why there must be simultaneous attention to both outcome (goal) and process.

All possible partnerships should be explored with strategic allies including donors and NGOs/CBOs. Also through the linkages to other development efforts, it is often possible to leverage additional resources.

A country's human rights realisation must come from within, and be supported from outside. UNICEF is just one partners in such an endeavour. It is, however, important to appreciate that all of the United Nations has an obligation to promote human rights.

Source: Urban Jonsson 'An approach to human rights-based programming in UNICEF (Eastern and Southern Africa)' Presented at the 'Second International Encounter on the Right to Food in Development', Geneva, 21- 22 August 2000.

What are the principles underpinning rights-based approaches?

Guiding Principle Programming implications
Participation Create channels of participation for poor and disadvantaged peopleActive, free and meaningful – time and resources to develop capacities neededAdequate capacities are a development result in itself (empowerment)
Accountability Objective guidance to set responsibilitiesCapacity development: Build on existing strengths and solutions to respond. Target weaknesses and vulnerabilities.Include civil society oversight elements

Non-discrimination, equality and attention to vulnerable groups

Identify most vulnerable groups and target them explicitlyDevelop data disaggregation
Empowerment Target necessary capacities to claim and exercise rights – build on existing strengths and solutions, target weaknesses and vulnerabilities.Linked to active, free and meaningful participation

Linkages to human rights standards

Standards are a roadmap to the scope of the problem and the desired results – they also prevent “capture” of decisions and set minimum guarantees for poor and disadvantaged groupsStress on monitoring progressive results and assessing the risk of setbacks

Source: UDP Primer, Kathmandu

What are the challenges to taking a rights–based approach?

An IDS Policy Briefing, The Rise of Rights, identifies four current challenges:

  1. While some people believe rights-based approaches offer the potential for a fundamental and positive change for international development agency relations with governments and civil society in aid recipient countries, others remain puzzled as to their relevance for achieving the Millennium Development Goals.

  2. Some observers suspect that agencies have appropriated the ‘rights’ language without changing their underlying beliefs.

  3. Rights-based approaches are challenging. They reveal difficult issues concerning the legitimacy of action, the practice of power and lines of accountability.

  4. The full implications of putting a rights-based approach into practice remain to be tested.

 

 

Organisation: 
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