Human rights principles • Universality and inalienability • Indivisibility • Interdependence and interrelatedness • Equality and nondiscrimination • Participation and inclusion • Accountability and the rule of law Equality and non-discrimination This principle requires … • Eradication of legal, institutional, interpersonal and structural discrimination Programming implications: • Legal framework should: – Derogate discriminatory legislation – Be conducive to the enjoyment of all human rights by all • Public institutions should ensure: – Representation of marginalized or excluded groups – Services are accessible and sensitive to gender, age and cultural differences – Appropriate judicial and administrative redress mechanisms • Public policies should: – Challenge model of appropriation and concentration of resources leading to structural discrimination and exclusion – Take affirmative steps – Promote education and public awareness Participation This principle requires … • Free, active, meaningful and inclusive participation Programming implications: • 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 structure • Civil society should: – Be active, independent and with capacities – Represent the voice of the marginalized and excluded groups – Have control over decision making process Accountability (1) This principle requires … • States and other duty bearers to be answerable for the observance of human rights Programming implications: • 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 • States to cooperate with international human rights systems: – Complying timely with international reporting obligations – Inviting Special Rapporteurs and providing information – Implementing the TB/SP recommendations Accountability (2) This principle requires … • Accessible, effective and independent mechanisms and procedures of redress Programming implications: • Legal framework should: – Be in conformity with human rights norms – Establish conditions, procedures and mechanisms for rightsholders to claim their rights and duty-bearers to comply with their obligations • Public policies should: – Take progressive steps to address the weakness in the accountability systems – Implement the human rights obligations of the State at a central, regional and local levels Accountablity (3) This principle requires … • Free and independent media, and groups of human rights defenders representative of men, women and marginalized or excluded groups Programming implications: • An active, rights-sensitive civil society should: – Monitor the State compliance with its human rights obligations – Articulate concerns of the society and advocates for social human rights mechanisms • E.g. Campaign on access to retro-viral medication in South Africa