Human Rights-Based Approach in the Programming Process Session 4 Session objectives Understand what a human rights-based approach to programming is Understand the importance and added value of HRBA to development programming Understand the main implications of applying a human rights-based approach to UN common programming Why a human rights-based approach to development? Normative value • universal legal standards for a life with dignity Instrumental value • Contributes to more sustainable development outcomes • Ensures a higher quality of the process • Clarifies the purpose of capacity development Institutional reasons (UN comparative advantage) • impartiality to deal with sensitive issues • holistic analysis and integral responses to problems UN Common Understanding on HRBA 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 in all phases of the programming process 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 Rights-holder and Duty-bearers Right-holders: Duty-bearers: 7.095.306.380 personas (aprox.) Much less Every individual, either a man woman or child, of any race, ethnic group or social condition To some extent groups : e.g. Indigenous Peoples 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 Development partners HRBA Basics … the Duty-Bearer/ Rights-Holder relationship Integration of human rights principles and standards into all stages of the programming process Road Map - Preparation process of the UNDAF Country Analysis Monitoring & Evaluation Programme Planning & Implementation (Agency or Multi-Agency Joint Programmes) - Review existing analysis (assessment) - UNCT supported analysis - Identify UNCT comparative advantages Strategic Planning - Strategic priorities for UNDAF/ UNDAF Action Plan Human Rights Standards 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 Human rights obligations Duty-bearers Right to water Respect Do not disconnect supply without due process Refrain from interfering with the enjoyment of rights Protect Pro-poor price regulation when supply is privatized Prevent others from interfering with the enjoyment of rights Fulfill Ensure, over time, everyone is connected Adopt appropriate measures towards full realization of rights Human Rights Principles • Universality and inalienability • Indivisibility • Interdependence and Interrelatedness • Equality and nondiscrimination • Participation and inclusion • Accountability and rule of law Group Exercise Exercise: Human Rights Principles • Equality and non-discrimination • Participation and Inclusion • Accountability and the Rule of Law Unpack the meaning of the Principles (6 groups) • Develop maximum 3 questions to address the unpacked content of the principles in a manner that can be used while devising a program HR standards and principles Human Rights Standards… ...define the… Human Rights principles define the rules of the game …limits of the… …Playing field. In conclusion: 4 Critical questions A HRBA helps the UN and partners to answer 4 critical questions: Who has been left behind Why? Which rights are at stake? Who has to do something about it? What do they need, to take action? Process and outcome are equally important