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Human Rights Based Approach to Programming

Human Rights Based Approach to Programming. Part 1: Internationa l, regional and national human rights protection systems. Human rights instruments. ICCPR. ICESCR. CERD. CEDAW. CRC. CAT. UN Charter UDHR HRC. CRPD. CMW. National Protection Systems. Other International Instruments.

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Human Rights Based Approach to Programming

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  1. Human Rights Based Approach to Programming

  2. Part 1: International, regional and national human rights protection systems

  3. Human rights instruments ICCPR ICESCR CERD CEDAW CRC CAT UN Charter UDHR HRC CRPD CMW National Protection Systems Other International Instruments Regional Regimes

  4. CCA UNDAF Guidelines More than 80 per cent of Member States have ratified four or more of the eight core international human rights treaties. When governments ratify treaties, every person within the country is entitled to have those human rights respected, protected and fulfilled. The UNCT supports actions that help Member States to fulfill these obligations and reach these goals.

  5. Treaty bodies Treaty bodies monitor and facilitate the implementation of the treaties through: • Reviewing State Party reports and additional sources of information • Adopting observations and recommendations • Adopting General Comments that help define HR Standards contained in the treaty; e.g. right to water, right to education, right to food etc.

  6. National protection system Ensuring sustainable respect for human rights requires: • Constitutional and legal framework • Effective institutions (parliament, government, judiciary, public administration, human rights institutions) • Procedures and processes including effective remedy • Policies and programmes, including awareness raising • Vibrant civil society and free media

  7. Links between national, regional and international protection systems Global & regional protection are complementary Global & regional norms require national implementation Global & regional protection if national remedies have been exhausted National norms should be consistent with global and regional standards

  8. Promotes universal protection Addresses and prevents violations Develops international law Reviews compliance of Member States Respond to emergencies International forum for dialogue Human Rights Council

  9. Universal Periodic Review • Review the fulfillment of the human rights obligations of all countries • All Member States will be reviewed within 4 years (48 States per year) • Review will be carried out by “peers” (groups of three Member States)

  10. UPR in Arab Stateshttp://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

  11. Value of international human rights mechanisms in development work • Advocacy tool: Open opportunities to have dialogues around sensitive issues • Accountability tool: HR bodies provide transparent mechanisms to monitor government efforts • Analytical tool: Help understand underlying and root causes of development problems • Programming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)

  12. Check on… http://www.ohchr.org/english/countries …Status of ratification …Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits www.ohchr.org

  13. Part 2: Defining the Human Rights Based Approach in Programming Process

  14. UN common understanding on HRBA GOAL 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 Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 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 FOCUS

  15. Common understanding on HRBA (1) GOAL 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

  16. Programming strengthened by Human Rights Mechanisms Observations by Treaty Bodies, Special Procedures and UPR → Analysis of development issues from a HR lens Recommendations by Treaty Bodies, Special Procedures and UPR → Provide tools for UN programming to address problems identified General comments by Treaty Bodies → Identify the precise content of development objectives by clarifying the meaning

  17. Common understanding on HRBA (2) PROCESS Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process

  18. Human rights principles Equality and non-discrimination Participation and inclusion Accountability and the rule of law

  19. The integration of human rights principles and standards into all stages of the programming process ASSESSMENT & ANALYSIS MONITORING AND EVALUATION PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION

  20. Common understanding on HRBA (3) FOCUS Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights

  21. Rights-holders and duty bearers Rights-holders: Duty bearers: • 6,783,421,727 (World population est 31/5/2009) • Every individual, either a man, woman or child, of any race, ethnic groups of social condition • Groups (to some extent) Much less Primarily States In some cases, certain individuals have specific obligations Individuals and private entities also have generic responsibilities towards the community to respect the rights of others

  22. The role of capacity development

  23. Group Work At your tables, identify: • 1 or 2 opportunities and/or challenges for UN system at country level in using HR instruments/protections systems in the UNDAF process (10 min)

  24. Causality Analysis

  25. HRBA in Programming UNDAF Prog/ Project M&E Country Analysis Reveals the causes of major development problems 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

  26. Country Analysis GATHERING INFORMATION About development problems from different sources, including national treaty reports and observations and recommendations from treaty bodies, UPR, etc. ASSESSMENT Shortlist major development problems for deeper analysis ANALYSIS Of root causes & their linkages

  27. Detailed Steps 1. CAUSALITY ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

  28. by three conditions Why a causal analysis? If a problem is caused

  29. by three conditions must be addressed Why a causal analysis? If a problem is caused All three conditions

  30. Problem Tree Manifestations effect Malnutrition & death Immediate causes Inadequate dietary intake Disease Underlying causes Insufficient food security Inadequate Maternal & Child Care Insufficient health services & unhealthy environment Resource Control + Organizational structures Root causes Political, Ideological, Economic structures cause

  31. Immediate Causes Underlying Causes Root Causes Core Problem Area Gender Discrimination Problem 1: HIV/AIDS Problem 2: Girl’s Education 81

  32. Group Instructions:Causal analysis/problem tree Using the thematic issue from your groups (Economic Development; Governance; Social Service Delivery), formulate a problem statement (10 min) Discuss and identify the immediate, underlying and root causes and build a problem tree (30 min)

  33. Immediate causes “Direct Effect” Underlying causes “Services, Access, Practices” Basic /structural causes “Society, Policies, Resources” Causal analysis: “why?” Outcomes/Rights not fulfilled

  34. Role/Pattern & Capacity Gap Analysis

  35. Who in household or family? Who within the community? Who among service providers? Who among policy makers? International level? Role analysis: “who?” Outcomes/Rights not fulfilled

  36. Little knowledge or information Limited skills Meager financial or material resources Lacking recognition of duty Lacking authority or mandate Unable to organize oneself and take action Capacity analysis, Duty Bearers: “what capacity gaps?” Outcomes/Rights not fulfilled

  37. Group Work: Role Pattern & Capacity Gap Analysis - Select a chain of causes in your problem tree causality analysis. Based on the selected chain, identify one critical DB or RH, and their expected roles (claims and duties) (10 min) For the selected Right Holder or Duty Bearer, identify their key capacity gaps (the things that prevent duty bearers from performing their roles and claim holders from claiming their rights) (15 min) Write them on flipchartsYou have 25 min

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