Human Rights and Human Rights Based Approach Alan Skurbaty UN Human Rights Advisor for UN System in Ukraine Action 2 Learning Human Rights Together 1
Overview 1. 2. 3. 4. 5. 6. The UN and Human Rights - Historical Approach and “marching orders” What are Human Rights? The UN Human Rights System Human Rights Based Approach (HRBA) Treaty Bodies / Special Procedure recommendations related to Ukraine The UN Country Team’s Role in the Promotion and Protection of HR 2
What will be the “Message” of the Introductory Training l Understand the UN Human Rights System l Base your future programming and implementation work on the legal basis of the UN Human Rights System l Understand how to apply the Human Rights Based Approach 3
The UN and Human Rights Session 1 Action 2 Learning Human Rights Together 4
The UN and Human Rights Human rights stood at the very beginning of the UN 1945 Art 1 Charter of the UN: …”promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion…” 1948 Universal Declaration of Human Rights Following years: Adoption of a number of HR Conventions (Treaties), e. g. ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW 5
UN Charter UDHR Cold War Developme Human Peace & Security Rights nt humanitarian action Vienna Copenhagen Cairo UN Reform Agenda Beijing 1997/200 5 6
Milestones of the UN Reform 1993 UN World Conference on Human Rights, Vienna l 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”. l Post of UN High Commissioner for Human Rights created Following years: l UN Global Conferences (Copenhagen, Vienna, Beijing, Cairo etc. ) started to emphasize linkages between human development and human rights; and stressed in particular that women’s human rights are (central to) human rights. 7
Milestones of the UN Reform 1997 Secretary General’s UN Reform Program l human rights are inherent to the promotion of peace, security, economic prosperity and social equity l “…mainstreaming Human rights based approach into development cooperation…” Unified approach at country level (CCA, UNDAF) l 2000 Millennium Summit / Millennium Declaration / MDGs l l The Millennium Declaration is a much broader concept than just eight goals MD reiterated the importance of protection and prmotion of Human Rights for all 8
Milestones of the UN Reform 2002 Report of the UN SG: Strengthening of the UN: An Agenda for Further Change (Para. 45): “The promotion and protection of Human Rights is a bedrock requirement for the realization of the Charter’s vision of a just and peaceful world” Action 2 “ The UNHCHR will develop and implement a plan … to strengthen human rights-related United Nations actions at the country level” The essence of the Action 2 programme: “… a global programme designed to strengthen the capacity of UN country teams to support the efforts of member States, at their request, in strengthening their national human rights promotion and protection system 9
Substantive Linkages HR and Development UN SG Report “In Larger Freedom”, 2005 “ Even if he can vote to choose his rulers, a young man with AIDS who cannot read or write and lives on the brink of starvation is not truly free. Equally, even if she earns enough to live, a woman who lives in the shadow of daily violence and has no say in how her country is run is not truly free. Larger freedom implies that men and women everywhere have the right to be governed by their own consent, under law, in a society where all individuals can, without discrimination or retribution, speak, worship and associate freely. They must also be free from want- so that the death sentences of extreme poverty and infectious disease are lifted from their livesand free from fear- so that their lives and livelihoods are not ripped apart by violence and war” 10
Member states resolve to mainstream human rights in their national policies 2005 World Summit Outcome: Members states… “ “We recommit ourselves to actively promoting and protecting all human rights and the rule of law and democracy and recognize that they are linked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the UN and call upon all parts of the UN to promote human rights and fundamental freedoms in accordance with their mandates. ” 2005 World Summit Outcome, section IV Human Rights and Rule of Law “We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between the OHCHR and all relevant UN bodies. ” 2005 World Summit Outcome, section IV Human Rights and Rule of Law 11
The linkages between… Human Development… Is the process of enhancing people’s capabilities to expand choices and opportunities so that each person can lead a life of respect and value freedom and dignity need the legal guarantees of human rights to avoid being threatened …and Human rights… All people have claims to social arrangements that protect them from the worst abuses and deprivations-and that secure the freedom for a life of dignity The realization of human rights requires capacities that development can make possible 12
Human Rights and MDGs Reciprocal relationship Similarities: § Common objectives § Both provide tools for accountability § § § Programming complementarities: § Identify for each MDG the interrelated human rights and the steps to be taken to realize those rights in national context Progressively realized § Human rights standards add quality to MDGs numeric targets Similar guiding principles § human rights adds quality to the process for achieving MDGs § Human rights help reduce disparities in human development Gender equality is integral to both human rights and the MDGs 13
UN Agency and Interagency Commitments to Human Rights Agency level: § HR are Integrated in the mandates and policies of UN agencies, funds, programmes and specialized agencies, e. g. UNHCR, UNICEF, UNDP, UNIFEM, UNFPA, WHO… § HRBA: to adopt human rights principles and standards as the basis for a conceptual and methodological framework for the agencies work. 14
UN Agency and Interagency Commitments to Human Rights Inter-agency level: § UN Common Understanding on HRBA to Development (2003) § Action 2 - Plan of Action (UNDG/UN Development Group, ECHA and OHCHR) § Increasing number of UNCTs have adopted the HRBA § Revised CCA/UNDAF Guidelines § Hint: have a look at www. undg. org 15
What are (international) Human Rights? Session 2 Action 2 Learning Human Rights Together 16
What are (international) Human Rights? * Universal legal guarantees; Human Rights are universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity * Civil, political, economic, social and cultural All human rights are indivisible which means that 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. They are also interdependent and interrelated, which means that the realization of one right depends, wholly or in part, upon the realization of others. 17
What are (intern. ) Human Rights? …protect human values (freedom, equality, dignity) …inherent to individuals and, to some extent, groups; Human rights protect individuals and, to some extent, groups. Certain rights can be assured only through the recognition and protection of individual’s rights as members of a group. The term “collective rights” refers to the rights of such peoples and groups, including ethnic and religious minorities and indigenous peoples. 18
What are (internat. ) Human Rights? reflected in international norms and standards The treaties, including the seven core international human rights treaties – ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the normative framework of human rights standards. ” 19
What are Human Rights? …legally binding on States. In general terms, it is the State that bears the main obligation to respect and ensure human rights guarantees under international law. However, it is increasingly recognized that non-State actors, including corporations and international organizations, may likewise have responsibilities to varying degrees under international human rights instruments. 20
Human Rights Obligations Duty-bearer’s obligation to Respect refrain from interfering with the enjoyment of the right Protect prevent others from interfering with the enjoyment of a right Fulfill adopt appropriate measures towards full realization of the right 21
State is the primary duty bearer under international law States Parties have specific obligations to respect, protect, and fulfil the rights recognized in the treaty and to take the necessary action towards their implementation. All rights, to varying degrees, l entail obligations of an immediate kind, such as the obligation not to discriminate in the realization of the right in question. l In the case of economic, social and cultural rights in particular, obligations can also be of a progressive kind, the realization of the right being subject to resource constraints. 22
Human Rights Entitlement Rights holders Individuals Every individual is a rights-holder and entitled to the same rights without distinction Groups To some extent groups are also entitled to human rights (e. g. minority- or ethnic groups) 23
International, Regional and National Human Rights Systems Session 3 Action 2 Learning Human Rights Together 24
Human Rights Systems ICCPR ICESCR CERD CRC Other International Instruments CEDAW UN Charter UDHR HRC CAT CMW Regional Regimes National Protection Systems 25
Universal Declaration of Human Rights 1948 The 1948 Universal Declaration of Human Rights is not a “treaty” but a “declaration”, and therefore not directly legally binding, as treaties are, but it is important because: l l l It is of a high moral force, representing the first internationally agreed definition of the human rights of all people. It laid the groundwork for the existing treaty structure and body of human rights law. It emphasizes the universality, indivisibility, interrelatedness and interdependence of all human rights, reaffirmed many years later in the 1993 Declaration of the Vienna World Conference on Human Rights and more recently in 2005 World Summit Outcome Document. 26
Seven Core International Human Rights Treaties All in all there are some 100 treaties, declarations, guidelines, recommendations and principles which together set out the human rights standards. l Among them seven are called the core international treaties l l The state limits sovereignty regarding the issues of the Treaty and commits himself to provide for the minimum standards outlined in the Convention 27
Seven Core International Human Rights Treaties The Treaties / Conventions normally consist of two mayor parts: l Part one: the guaranteed rights (established obligations) l Part two: establishment of an institution (Treaty Body/committee) and of procedures (reporting obligation, concluding comments, general comments), to ensure compliance Ukraine has acceded all seven Core Treaties but not all optional protocols 28
Seven Core International Human Rights Treaties l International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 l Art 2, 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights…. 29
Seven Core International Human Rights Treaties International Covenant on Civil and Political Rights (ICCPR) 1966 and its l Optional Protocol on the Right of Individual Communications and l Second Optional Protocol aiming at the abolition of the death penalty (not signed by Kyrgyz Republic) 30
Seven Core International Human Rights Treaties l Convention on the Elimination of all forms of Racial Discrimination (CERD) 1966 l Art 2: States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races… 31
Seven Core International Human Rights Treaties l Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 and its Optional Protocol on the Right of Individual or Group Communications l Article 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women …. . l Article 4: “… temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination…” 32
Seven Core International Human Rights Treaties l Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 l Optional Protocol 33
Seven Core International Human Rights Treaties l Convention on the Rights of the Child (CRC) 1989 and its l Optional Protocols on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and l Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts 34
Seven Core International Human Rights Treaties § Convention on the Protection of All Migrant Workers and Members of their Families (CMW) 1990 § Regulates rights of (legal and illegal) migrant workers and their families § Main duty bearer: State of employment § Convention acceded by Ukraine; however not acceded by Russia and Kazakhstan 35
Two New Conventions Two new conventions have been adopted by the General Assembly in 2006 but are waiting for a number of ratifications from member states to come into force Ø Convention on the rights of persons with disabilities (+ Optional Protocol) Ø International Convention for the Protection of All Persons from Enforced Disappearance 36
Protection of Refugees l Convention relating to the Status of Refugees, adopted on 28 July 1951 (precondition: crossing of a border) l Protocol relating to the Status of Refugees, General Assembly Resolution 1966 l For Internal Displaced Persons: Guiding Principles of Internal Displacement 1998 37
International Humanitarian Law… The Four Geneva Conventions (1949) Is a set of rules which seek to limit the effects of armed conflict Protects persons who are not or are no longer taking part in hostilities Restricts the means and methods of warfare 1) on the care of the wounded and sick members of armed forces in the field 2) on the care of the wounded, sick and shipwrecked members of armed forces at sea 3) on the treatment of prisoners of war 4) on the protection of civilian persons in time of war Mandated with the implementation is the International Committee of the Red Cross (ICRC) 38
National Human Rights Protection Systems (NHRPS) § Constitutional and Legislative frameworks § Effective Institutions (Parliaments, Governments, Judiciary, public administration, HR institutions) § Policies, procedures and processes § Vibrant civil society 39
Links between international, regional and national systems § International and regional norms require national implementation to be effective § National norms should be consistent with international and regional Standards (hierarchy of norms) § International and regional judicial protection when national remedies have been exhausted § International and regional protection is complementary 40
International Mechanisms to secure fulfillment of Conventions § Human Rights Council § Treaty Bodies § Reporting obligations of each State Party § Special Procedures § 1503 Complaints procedure 41
The Human Rights Council What is it ? A subsidiary body of the General Assembly composed of What does it do ? *Promotes universal protection *Addresses and prevents violations *Develops international law Members States. *Reviews compliance of Member States It replaces the UN *Responds to emergencies Commission on *International forum for dialogue Human Rights 42
International Mechanisms: The Role of Treaty Bodies (TB) Monitor and facilitate the Implementation of the Treaty through: § Exam of State Party reports and additional sources of information § TB issue observations and recommendations § TBs issue General Comments on HR Standards contained in the treaty § Exam of individual complaints (some of them) § Confidential inquiries (some of them) 43
44
Treaty bodies Provides its Own inputs Concluding observations State reports Shadow reports UNCT Supports reporting Process State Civil Society Programmes support State implementation 45
46
International Mechanisms: Special Procedures Individuals (e. g. Special Rapporteurs) or working groups Countries Belarus – Burundi Cambodia – Cuba DPRK – D. R. Congo Haiti - Liberia Myanmar – OPTs Somalia – Sudan 28 Thematic, including: Adequate Housing - Arbitrary Detention – Sale of Children Right to Education - Extreme Poverty Right to Food – Freedom of Opinion Right to Health – rights of migrants independence of judges an lawyers Freedom of Religion – Migrants Minority issues – Trafficking of persons Toxic and products and wastes - Torture – Violence Against Women 47
Special Procedures: Country Visits Communications, Statements Thematic studies Provide Information and extend invitations for visits Awareness e. g. urgent actions Supports Country Visits UNCT Report to HRC: Observations and Recommendations Programmes support State implementation State Civil Society Advocacy and Follow-up 48
UN Country Teams Role In applying the human rights-based approach these measures can be identified as priority areas and possible entry points for UN assistance: l Harmonise national law and policy with the provisions of the Convention. l Create human rights mechanisms or strengthen existing ones at the national or local level for coordinating policies and for monitoring l Make the principles and provisions of the treaty widely known. l Provide adequate remedies in the case of non-compliance. l Allocate budgets to programmes that aim to fulfil human rights. l Submit periodic reports to the TB on the progress achieved and obstacles encountered in the implementation of the treaty. 49
To sum up: Instrumental Value of International Mechanisms in UN work Country-based observations and recommendation Global Treaty Bodies' General Comments Special procedures’ Thematic studies Assessment tool: Identify main development and human rights problems Analytical tool: Help understand underlying and root causes of development problems Programming tool: Identify specific actions Advocacy tool: bring attention to sensitive issues at a legal, policy, budget or practice level 50
How to access documents of the Treaty Bodies and Special Procedure l The output of TBs and SPs is available via the OHCHR’s web page (http: //www. unhchr. ch/tbs/doc. nsf). l The page also provides a link to the Treaty Body database where the State party reports and all the documentation issued by the Treaty Body can be found l Calendar of events l Country profile 51
Check on…. For Ukraine click www. ohchr. org/english/countries/ ua/index. htm …Statushttp: //www. ohchr. org/english/countries 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 …Country Profile, if available 52
The Human Rights Based Approach Session 4 Action 2 Learning Human Rights Together 53
What is a Human Rights Based Approach? § The development process is normatively based on international HR standards and principles § It recognizes human beings as rights-holders and establishes obligations for duty-bearers. § It focuses on discriminated and marginalized groups § It aims for the progressive achievement of all human rights § It gives equal importance to the outcome and process of development 54
Needs-based approach versus a rights-based approach l 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. l In contrast, a rights-based approach recognizes beneficiaries as active subjects or “claimholders” and establishes duties or obligations for those against whom a claim can be held. l The HRBA moves development action from the optional realm of benevolence (or charity) into the mandatory realm of law. 55
Why a human rights-based approach to development? a) Intrinsic value ü ü Ø based on universal values Universal legal standards for a life with dignity 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. 56
Why a human rights-based approach to development? b) Instrumental to development strategies ü ü ü Addresses power inequalities and discrimination Deals with weaknesses in accountability systems Objective framework to manage conflicts and seek redress 57
Why a human rights-based approach to development? (cont. ) c) Institutional reasons (UN comparative advantage) ü ü Impartiality to deal with sensitive issues Holistic analysis and integral responses to problems 58
The UN Common Understanding on the HRBA (2003) GOAL 1. PROCESS 2. 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 phases of the programming process OUTCOME Development cooperation contributes to the development of 3. the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights 59
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 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 (Treaty Bodies and Special Procedure) 60
Programming informed by Human Rights Mechanisms TBs & SPs Observations: Analysis of development issues from a HR lens TBs & SPs Recommendations: Are tools for UN programming to address problems identified TBs general comments: Identifies the precise content of development objectives by clarifying the meaning of rights. 61
2) PROCESS § Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process Human Rights standards and principles improve the quality of outcomes and processes § Human rights standards delineate the ‘playing field’ in which development takes place § HR principles provide the “playing rules” for the development process. 62
…The integration of human rights principles and standards into all stages of the programming process… ASSESSMENT & ANALYSIS MONITORING AND EVALUATION IMPLEMENTATION PRIORITY SETTING PROGRAMME PLANNING AND DESIGN 63
Human Rights Standards (Articles in the treaties or General comments of the UN treaty bodies) The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice in programming, the standards guide the… …Identification of development challenges as human rights issues (Assessment) …analysis of roles and capacities of rightsholders and duty bearers …definition of development objectives …formulation of corresponding benchmarks and indicators 64
Human Rights Principles § Universality and inalienability § Indivisibility § Interdependence and Interrelatedness § Equality and non-discrimination § Participation and inclusion § Accountability and rule of law 65
HRBA Requires 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 66
3) OUTCOME Development cooperation contributes to the development of the capacities of ‘dutybearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights § Focus on relation individuals-State (claims-obligations) § Strengthen duty bearers to meet their obligation and strengthen right holders to claim their rights § 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 67
Treaty Bodies / Special Procedure recommendations related to Ukraine Session 5 Action 2 Learning Human Rights Together 68
To sum up: Instrumental Value of International Mechanisms in UN work Country-based observations and recommendation Global Treaty Bodies' General Comments Special procedures’ Thematic studies Assessment tool: Identify main development and human rights problems Analytical tool: Help understand underlying and root causes of development problems Programming tool: Identify specific actions Advocacy tool: bring attention to sensitive issues at a legal, policy, budget or practice level 69
Treaty Bodies / Special Procedure recommendations related to Ukraine During the past years several Treaty Body documents and Special Procedure were produced regarding Ukraine: l You may find all state reports and concluding observations under http: //www. unhchr. ch/tbs/doc. nsf l You may find all special procedure reports regarding Ukraine via http: //www. ohchr. org/english/bodies/chr/special/countryvisitsf-m. htm 70
Treaty Body Concluding Comments on Ukraine 71
CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE, Ukraine, 24/07/2000 (ICCPR) Positive: 72
CONCLUDING OBSERVATIONS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2000 (ICESCR) Positive: 73
CONCLUDING COMMENTS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN – 2004 (CEDAW) Positive Aspects 74
CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD – 2004 (CRC) Positive Aspects 75
CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION, 12/04/2001 (CERD) Positive Aspects 76
CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE 1999 (CAT) Positive Aspects 77
Special Procedure Recommendation on Ukraine 78
SPECIAL RAPPORTEUR ON PROMOTION AND PROTECTION OF HUMAN RIGHTS, HUMAN RIGHTS DEFENDERS, 2002 79
SPECIAL RAPPORTEUR ON EFFECTS OF STRUCTURAL ADJUSTMENT POLICIES AND FOREIGN DEBT ON THE FULL ENJOYMENT OF HUMAN RIGHTS, PARTICULARLY ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2005 80
SPECIAL RAPPORTEUR ON CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF INDEPENDENCE OF THE JUDICIARY, ADMINISTRATION OF JUSTICE, IMPUNITY, 2005 81
UN Country Team’s Role in Promotion and Protection of Human Rights Session 6 Action 2 Learning Human Rights Together 82
Rights-holder and Duty-bearers Right-holders: § 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 83
UN Country Team role • laws fulfill duties • policies • services • data, monitoring Cap CSO claim rights • remedies acity cacy advo very deli ice serv , cies poli and nce laws ista l ass nica tech deve lopm ent duty bearers UN-CT support • information, education • participation • organisation • monitoring • access to remedies (administrative, judicial) rights holders n, tio g a ip rin c rti nito pa o n, , m io at tion m a or nis f In ga or 84
The role of Capacity Development 85
Human Rights related responsibilities of the Resident Coordinator UN Guidelines for Resident Coordinators (2000): l l UN Resident Coordinator should forward any complaint or other communication related to an alleged HR violation received by the RC to the OHCHR RC has the responsibility to faithfully respect, represent and promote the norms, standards and policies of the organization including those related to Human Rights RC should encourage host Governments to ratify/accede to international HR treaties RC should actively seek to ensure that UN Staff are adequately trained in Human Rights 86
Treaty bodies Provides its Own inputs Concluding observations State reports Shadow reports UNCT Supports reporting Process State Civil Society Programmes support State implementation 87
Special Procedures: Country Visits Communications, Statements Thematic studies Provide Information and extend invitations for visits Awareness e. g. urgent actions Supports Country Visits UNCT Report to HRC: Observations and Recommendations Programmes support State implementation State Civil Society Advocacy and Follow-up 88
UN Country Teams Role In applying the human rights-based approach these measures can be identified as priority areas and possible entry points for UN assistance: l Harmonise national law and policy with the provisions of the Convention. l Create human rights mechanisms or strengthen existing ones at the national or local level for coordinating policies and for monitoring l Make the principles and provisions of the treaty widely known. l Provide adequate remedies in the case of non-compliance. l Allocate budgets to programmes that aim to fulfil human rights. l Submit periodic reports to the TB on the progress achieved and obstacles encountered in the implementation of the treaty. 89
What shall be done differently when applying the HRBA l Argue from the legal basis of the international conventions (use rights-based language in project documents, official speeches, communications with sate authorities and civil society l UN Country team should discuss with state authorities when and where human rights are not fulfilled l Work towards availability of data which indicate whether or not human rights are fulfilled. Insist on dis-aggregated date (gender, age, region, ethnicity). l Focus your projects on the most vulnerable groups – give priority to the most disadvantaged – reach the un-reached Set priorities and design the project in a way that you address those who’s rights are most in danger l 90
What shall be done differently when applying the HRBA (cont. ) l Include the Human Rights Based Approach in all phases of the program cycle (information gathering, analysis, priority setting, project design and implementation, indicators, monitoring an devaluation l Priority setting: Focus on what are the most “burning” human rights problems (which Human Rights are least fulfilled) Regarding assistance to the Duty bearers: l Shift from service delivery to capacity building, 91 l Analyze where is the capacity/motivation gap
What shall be done differently when applying the HRBA (cont. ) Regarding Assistance for the Right Holders: l Include in all projects also elements to strengthen the rights holders’ abilities to claim their rights Include in the project also the promotion of the knowledge of the international Human Rights conventions l Cooperate with the state authorities as well as with civil society, strengthen the cooperation with the CSO/NGOs l 92
What shall be done differently when applying the HRBA (cont. ) Use Treaty body recommendations and Special Procedure reports as an assessment, analysis and advocacy tool l Co-operate with the Treaty Bodies and Special Procedure (e. g. by providing information where Human Rights are not fulfilled) l Design and implement all stages in of a project in an inclusive manner which involves duty bearers and rights holders l 93
Cooperation with OHCHR is open for consultations on any human rights issues Please consult OHCHR if: l you have questions about programming and HR l Regarding proposals for joint programming l you need for HR’s expertise l you have questions on the UN’s role and response to HR issues l you need to make contact with non-UN HR organizations l regarding any other HR related issues 94
What to do when you come across an alleged Human Rights Violation When someone makes a HR complaint or you have come across a situation that may be a violation of human rights l Take it seriously l Contact OHCHR for advice (if you cannot contact OHCHR directly ask somebody higher up in your organization to contact OHCHR for you) OHCHR may l provide advice l Provide referrals l Ask for more details l Submit a complaint to a treaty body committee or to a Special Procedure 95
96
THANK YOU ! Action 2 Learning Human Rights Together 97
Скачать презентацию Human Rights and Human Rights Based Approach Alan
77464ad864e9827832dc5dbe0aedd6d2.ppt