Human Rights-Based Approach to Programming - UNFPA -

1. Human Rights-Based Approach to Programming- UNFPA - SESSION 3: Key Elements of a HRBA

2. Session Overview • Definition of a HRBA • Definition and practical application of key human rights principles and human rights standards • Discussion of HRBA benefits, challenges, myths/misconceptions, and limitations • Overview of UN programming cycle • Walk through a HRBA to • situation assessment and analysis • programme planning and design • implementation • monitoring and evaluation

3. What is a Human Rights-Based Approach? • Conscious and systematic integration of human rights and human rights principles in all aspects of programming work

4. Step by Step to a HRBA

5. A HRBA… • Emphasizes processes and outcomes • Draws attention to marginalized populations • Works towards equitable service delivery • Extends and deepens participation • Ensures local ownership of development processes • Strengthens accountability of all actors

6. The UN Common Understanding on the HRBA GOAL • All programmes of development cooperation, 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. • 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 Action 2 slide

7. All programmes of development cooperation 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 Action 2 Slide

8. ProgrammingInformed 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. Action 2 Slide

9. PROCESS 2.Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process. • HR standards and principles improve the quality of outcomes and processes • HR standards delineate the ‘playing field’ in which development takes place • HR principles provide the ‘playing rules’ for the development process Action 2 Slide

10. …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 Action 2 Slide

11. HumanRightsStandards 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 rights-holders and duty-bearers • definition of development objectives • formulation of corresponding benchmarks and indicators Action 2 Slide

12. Example of Human Rights Standards…the 3AQ • ICESCR General Comment 14 − minimum core obligations of the right to health: • ensuring that health facilities, goods, and services are available, accessible, acceptable and of high quality • ensuring reproductive, maternal (pre-natal as well as post-natal) and child health care • providing education and information on health problems and the methods of prevention and control • ensuring the ‘underlying determinants of health’ are met, e.g., access to clean water, food and shelter

13. The 3AQ is important for UNFPA’s work… • Under the right to health, international human rights standards indicate that States are obliged to ensure that public health services, as well as medicines and health care staff: • are made available to all • are acceptable to all • are accessible to all • are high quality, where the skills of the health personnel, the medicines available and the equipment used should be of a consistent standard for all

14. Human Rights Principles • Universality and inalienability • Indivisibility • Interdependence and Interrelatedness • Equality and non-discrimination • Participation and inclusion • Accountability and Rule of Law

15. Principles of Universality and Inalienability 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, e.g., polio vaccination campaigns HR principle of universality requires: That no one is left out or excluded from human rights Action 2 Slide

16. Principle of Indivisibility • Indivisibility: One right cannot, ultimately, be separated from all other rights. • What this means: • Are all rights being promoted equally? For example, are civil and political rights being promoted to the detriment of economic, social and cultural rights?

17. Principles of Interdependence and Interrelatedness 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 multisectoral responses State institutions: • Ensure inter-institutional and multisectoral coordination • Include those institutions in charge of protection, monitoring and accountability HR principles of interdependence and interrelatedness require: Equal recognition and protection of rights Action 2 Slide

18. Principles of Equality and 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 Action 2 Slide

19. Principle of Participation HR principles of participation require: 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 Action 2 Slide

20. 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, e.g., independent human rights parliamentary bodies, national human rights institutions, judges, courts and legal counsel State to cooperate with international human rights systems: • Complying in a timely manner with international reporting obligations • Inviting special procedures and providing information • Implementing the TB and SP recommendations Action 2 Slide

21. OUTCOME 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. • Focus on relation of individuals-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 Action 2 Slide

22. 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 fewer in number 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 Rights-holders and Duty-bearers Action 2 Slide

23. The Role of Capacity Development

24. Why a HRBA 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 Action 2 Slide

25. Challenges Common to a HRBA • Time-intensive • Working with many participants What other challenges to HRBA have you come across in your work?

26. Myths/Misconceptions • Human rights are western and alien to many cultures….Why is this a myth? • A HRBA is too difficult….Why is this misleading? • A HRBA is off-putting to more traditional governments….How can we work around this? • A HRBA overemphasizes rights and neglects responsibilities….Why is this untrue?

27. Limitations of a HRBA • Lack of solid evidence to prove effectiveness • Difficulty in measuring, with respect to the principles of: • universality • inalienability • indivisibility • interdependence • interrelatedness

28. Operationalizing a HRBA

29. The HRBA in UN Programming CCA UNDAF CPs M&E Analysis of development challenges CP outcomes UNDAF outcomes M&E systems Establishes causal connections of rights Identifies patterns of discrimination, inequality and exclusion Identifies the capacity gaps of rights-holders and duty-bearers Empowered rights-holders and 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 the monitoring of the programme Action 2 slide

30. Remember….A HRBA means integrating human rights principles and standards into all stages of the programming process… ASSESSMENT & ANALYSIS MONITORING AND EVALUATION PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION Action 2 Slide

31. Applying a HRBA to the Situation Assessment & Analysis

32. Applying a HRBA: Assessment and Analysis Action 2 slide

33. HRBA to Information Gathering What information: • Civil, cultural, economic, political and social context • Disaggregated according to normative grounds of non-discrimination, such as sex, age, ethnicity, rural and urban, etc. Sources of information: • Rely on national information, assessments and analyses • Variety of sources, including information from International, regional and national human rights mechanisms Information and analysis process: • Participatory, inclusive, accountable and sensitive to cultures Action 2 slide

34. What information…? • Information on legal and policy environment: • treaties ratified (international, regional) • domestic laws and policies • concluding comments, SP reports, CSO reports, ombudsmen documents, case law, etc. • Information on social, economic, cultural environment: • budget analyses • cultural and religious traditions and beliefs • Information on the 3AQ

35. The HRBA to Assessment • The situation assessment involves checking that the quality of the information collected is adequate for the analysis that will be carried out. Pay attention to: • ensuring proper disaggregation • ensuring your information sources include the situation and views of disadvantaged and marginalized groups • ensuring the reproductive health and rights of the most excluded populations are included in the assessment • Remember—the purpose of assessment is to identify main HR and development challenges

36. Formulating the Development Challenge • After the situation assessment has been carried out, make sure that you: • formulate your development challenge as a human rights issue • ensure it is people-focused

37. Analysis of immediate, underlying and structural causes of development challenges identified Tools: • Problem tree analysis detects root causes of human rights problems(vertically)and the interrelatedness of rights (horizontally and vertically) • Additional optional tools for in-depth legal, policy, institutional and budget analysis HRBA to Analysis: Causal Analysis The problem tree was not born as a HRBA tool, but it can help identify main patterns of discrimination, exclusion and other root causes of problems Action 2 slide

38. The Problem Tree The problem tree is a tool for building consensus and participation, as it allows rights-holders and duty-bearers to agree on the main development challenges and root causes Effects Causes Action 2 slide

39. Immediate Causes Underlying Causes Root Causes Core Problem Area: Gender Discrimination Problem 1: HIV/AIDS Problem 2: Girls’ Education Action 2 slide

40. HRBA to Analysis: Role Pattern Analysis • Rights-holders • who are they? • what are their claims? • Duty-bearers • who are they? • what are their duties?

41. HRBA to Analysis:Capacity Gap Analysis Capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change Capacity gaps: • Knowledge • Responsibility/motivation/leadership • Authority • Access to and control over resources • Gaps in NHRPS Treaty bodies and special procedures can identify capacity gaps Action 2 slide

42. Selecting Areas of Cooperation -Strategic Analysis Analyze UN comparative advantages in: ► Direct service delivery ►Advocacy and social mobilization ► Information and awareness ►Training and education ► Monitoring and observation ►Policy and legal advice Partnership analysis: HRBA broadens the spectrum of partners, including those belonging to National HR Protection Systems HRBA promotes a practice shift from direct service delivery to capacity development Action 2 slide

43. Using ICPD Agenda to Set Priorities • UNFPA’s strength lies in highlighting the importance of priorities within the ICPD agenda, such as • advancing universal access to reproductive health • empowering women • increasing access to HIV prevention, etc…

44. Applying a HRBA to the Programme Planning and Design Stage

45. HRBA to Results-Based Programme Planning Treaty bodies and special procedures can identify specific actions for capacity development Action 2 slide

46. Example: A HRBA to HIV Prevention Among Young People • Inputs: sufficient resources to reach the most at risk youth (e.g. out-of-school youth) • Outputs: e.g. developing training manuals for counsellors; manuals for outreach workers; training medical providers/counsellors; training peer educators, etc… • Outcome: increased accessibility, acceptability, and quality of SRH services for most at-risk youth • Impact: decreased new cases of HIV (or other STIs) within at-risk youth

47. At the Planning & Design Stage, Remember… • To consider and integrate the human rights principles and the elements of the 3AQ. • Wondering how to do this? Take a look at the questions on your checklist.

48. Applying a HRBA to Programme Implementation

49. HRBA to Implementation • Applying a HRBA in the programme implementation phase means, once again, ensuring that human rights principles and standards are consistently being respected throughout the programming cycle. • Turn to your checklist of questions to see what you should be asking at this stage of the programme.

50. HRBA to Implementation: Equality & Non-discrimination • During implementation, priority must be given to the most marginalized groups. • Remember that even within marginalized groups, some may have more power than others. It is important to continuously assess whether inequalities exist at the implementation stage.