The Human Rights Based Approach
in the Programming Process
HRBA and HIV Workshop,
27-28 November, 2009
Vadul-lui-Voda
Angela Dumitrasco
UNDP Moldova
Action 2
Learning Human
Rights Together
Substantive Linkages
“ 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”
Reform report “In Larger Freedom”, 2005
What is a
Human Rights Based Approach?




A process that is normatively based on
international HR standards and principles
Focuses on disadvantages, discrimination and
marginalisation in the development process
It aims for the progressive achievement of all
human rights
It recognizes human beings as rights-holders
and establishes obligations for duty-bearers.
Why a human rights-based approach
to development programming?

Intrinsic value

Instrumental to development strategies

Institutional reasons
The UN common understanding
on the 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.
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
Programming informed by
Human Rights Mechanisms
 Treaty
Bodies and Special Procedures
observations
 Treaty
Bodies and Special Procedures
recommendations
 Treaty
Bodies General Comments
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 Principles

Universality and inalienability

Indivisibility

Interdependence and Inter-relatedness

Equality and non-discrimination

Participation and inclusion

Accountability and rule of law
…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
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
Rights-holder and Duty-bearers
Right-holders:
6,653,467,548


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
The role of Capacity Development
REALISATION OF HUMAN
RIGHTS AND HUMAN
DEVELOPMENT GOALS
CLAIMING AND
EXERCISING
RIGHTS
FULFILLING
OBLIGATIONS
HUMAN RIGHTS-BASED CAPACITY DEVELOPMENT
CAPACITIES FOR
EMPOWERMENT
CAPACITIES FOR
ACCOUNTABILITY
The HRBA in UN Programming
Analysis
Analysis of
Development
challenges
UNDAF
UNDAF Outcomes
Empowered
rights-holders
and accountable
Patterns of discrimin. duty-bearers
inequality, and exclus. contribute to
the realization
of human rights
Capacity gaps of
RHs and DBs
Causal connections
of rights
CPs
M&E
CP outcomes
M&E
Systems
Strengthened
capacity of
rights-holders
and
duty-bearers
Mechanisms
for participation
of RHs & DBs
in programme
monitoring
Group Exercise
Exercise: Human Rights Principles
Unpack the meaning of the following principles:



Equality and non-discrimination
Participation and Inclusion
Accountability and the Rule of Law
Develop maximum 3 questions to address the
unpacked content of the principles in a manner that
can be used while devising a program
Programming Implications
Universality and Inalienability
National policies and programmes should
have:


Disaggregated data to identify difficult cases of
exclusion and marginalisation
Specific strategies to response to exclusion
Programming Implications
Indivisibility and Inter-relatedness
Legal frameworks should not privilege the
protection of certain rights to the detriment of
others
Policies should be based on holistic analysis of
development problems and provide multisectoral responses
State authorities to ensure inter-institutional
coordination, and include institutions in charge
of protection, monitoring and accountability
Programming Implications
Equality and Non-discrimination




Derogate discriminatory legislation and ensure
the enjoyment of human rights by all
Public policies should take steps to reduce
disparities, promote education and public
awareness
Marginalised groups to be represented in public
institutions
Public services to be accessible and sensitive
Programming Implications
Participation and inclusion



Policies to provide participation in planning and
development
Institutional mechanisms are based on
democratic principles
Civil society is active, independent, and
empowered, speaks for the marginalised and
has control over decision making processes
Programming Implications
Accountability and the Rule of Law




Institutions function with checks and balances
Legal frameworks are in line with human rights
norms
Public policies take measures to foster
accountability systems
Civil society monitor state compliance with its
obligations and advocate for human rights
Research that brings human
rights, HIV & gender together
Strategic choices focus on research to:
 Gather baseline data & information, incl. re
MARP/Vulnerable Groups
 Provide analysis of the links between Human rights,
HIV & gender
 Raise awareness, build capacity & commitment
 Analysis from research leads to identification of
strategic entry points for action
Focus of Research to Date
HIV & gender – evidence to link the spread of
HIV with gender inequality in law & custom in
PICs
 Proposes policy responses & programme
approaches to fully integrate gender in HIV
programming
 links between HIV & risky sexual behaviour &
lack of sexual autonomy, gendered power
relations

Problem: Disabled persons denied access to quality education
Right: Right to education
Rights Holders  Persons with disabilities
Claim: non-discrimination on access
to primary and secondary education
and equal treatment
Duty-bearers
School Administration
Obligation: Improve physical
accessibility, and provide materials in
adaptable formats
District Administration
Ob: Carry out regular inspections in
public and private schools and
address individual complaints
Ministry of Education
Ob: Promote inclusive education
policies, and revise the curricula
Capacity Analysis in HRBA
•Capacity is an essential prerequisite for duty
bearers to be able to fulfill their obligations and
for claim holders to claim their rights
Capacity entails different elements, all of
which need to be analysed to identify capacity
development needs
Capacity gaps:

Knowledge

Responsibility /
motivation / leadership

Authority

Access to and control
over resources

Gaps in National
Protection Systems
capacity development is
not only a technocratic
process. It also entails
political, societal, legal
and institutional change
Treaty Bodies and
Special Procedures can
identify capacity gaps
Capacity Gap Analysis
Responsibility/ Motivation

Is the duty bearer aware of his/her obligation?

Does he/she feel an obligation to perform the role – if
not why not?

Is the duty bearer willing to take responsibility and
provide leadership in ensuring the right is fulfilled?

Is the rights holder aware of his/her rights?
Capacity Gap Analysis
Authority
 Does the duty bearer have the authority to perform
the role implied by the obligation – if not, who does?

Is the structure of accountability adequately defined
and implemented to ensure that duties are performed
in accordance with obligations?
Capacity Gap Analysis
Human Resources
 Does the duty bearer have the necessary human resources to
meet his /her obligation – if not, what is missing?
– Numbers, time, knowledge and skills, products and
services, opportunities for networking, infrastructure,
support systems
Financial Resources
 Does the duty bearer have adequate financial resources to meet
his/her obligation – if not, what is missing?

Does the rights holder have adequte human and financial
resources to claim his/her rights?
Capacity Gap Analysis
Decision Making & Communication
 Access to adequate information to facilitate evidence
based decision making

The ability to learn by doing (lessons learned)

Capacity to process, share and use information

Capacity to communicate effectively up and down the
hierarchy
Group Instructions:
Role and capacity gap analysis

Take the same causal chain for which you have
identified unfulfilled rights

Identify one Rights- Holder and one DutyBearer, their roles and responsibilities

Identify related elements of capacity gap and
write them on flipchart (using table format)
Problem: Disabled persons denied access to quality education
Right: Right to education
Rights Holders  Persons with disabilities
Claim: non-discrimination on access
to primary and secondary education
and equal treatment
Duty-bearers
School Administration
Obligation: Improve physical
accessibility, and provide materials in
adaptable formats
District Administration
Ob: Carry out regular inspections in
public and private schools and
address individual complaints
Ministry of Education
Ob: Promote inclusive education
policies, and revise the curricula
Problem Tree
Manifestations
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
Causal analysis: “why?”
Problem = Rights not fulfilled
Immediate causes
“Status”
Underlying causes
“Services, Access, Practices”
Basic /structural causes
“Society, Policies, Resources”
74
Problem 1: HIV/AIDS
Problem 2: Girl’s Education
Immediate Causes
Underlying Causes
Root Causes
Core Problem Area
Gender Discrimination
81