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

Understand the UN Human Rights System

Base your future programming and
implementation work on the legal basis of the
UN Human Rights System

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
Development
Human Rights
Peace & Security
humanitarian action
Vienna
Copenhagen
Cairo
UN Reform
Agenda
Beijing
1997/2005
6
Milestones of the UN Reform
1993 UN World Conference on Human Rights,
Vienna

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”.

Post of UN High Commissioner for Human Rights
created
Following years:

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

human rights are inherent to the promotion of peace,
security, economic prosperity and social equity

“…mainstreaming Human rights based approach into
development cooperation…”
Unified approach at country level (CCA, UNDAF)

2000 Millennium Summit / Millennium Declaration / MDGs


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,

entail obligations of an immediate kind, such as the
obligation not to discriminate in the realization of the
right in question.

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:



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.
 Among them seven are called the core
international treaties


The state limits its 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:

Part one: the guaranteed rights (established
obligations)

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

International Covenant on Economic, Social and
Cultural Rights (ICESCR) 1966

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

Optional Protocol on the Right of Individual
Communications and

Second Optional Protocol aiming at the
abolition of the death penalty (not signed by
Kyrgyz Republic)
30
Seven Core International Human
Rights Treaties

Convention on the Elimination of all forms of
Racial Discrimination (CERD) 1966

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

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

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 …..

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

Convention Against Torture and other
Cruel, Inhuman or Degrading Treatment or
Punishment (CAT) 1984

Optional Protocol
33
Seven Core International Human
Rights Treaties

Convention on the Rights of the Child
(CRC) 1989 and its

Optional Protocols on the Rights of the Child
on the Sale of Children, Child Prostitution and
Child Pornography and

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

Convention on the rights of persons with
disabilities (+ Optional Protocol)

International Convention for the Protection of All
Persons from Enforced Disappearance
36
Protection of Refugees

Convention relating to the Status of
Refugees, adopted on 28 July 1951
(precondition: crossing of a border)

Protocol relating to the Status of Refugees,
General Assembly Resolution 1966

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
What does it do ?
*Promotes universal protection
*Addresses and prevents violations
Assembly
composed of
*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
Programmes
support State
implementation
State
Civil Society
45
46
International Mechanisms:
Special Procedures
Individuals (e.g. Special Rapporteurs) or working groups
Countries
28 Thematic, including:
Belarus – Burundi
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
Cambodia – Cuba
DPRK – D.R. Congo
Haiti - Liberia
Myanmar – OPTs
Somalia – Sudan
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:
 Harmonise national law and policy with the provisions of the
Convention.
 Create human rights mechanisms or strengthen existing
ones at the national or local level for coordinating policies and
for monitoring
 Make the principles and provisions of the treaty widely
known.
 Provide adequate remedies in the case of non-compliance.
 Allocate budgets to programmes that aim to fulfil human
rights.
 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

The output of TBs and SPs is available via
the OHCHR’s web page
(http://www.unhchr.ch/tbs/doc.nsf).

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

Calendar of events

Country profile
51
Check on….
For Ukraine click
www.ohchr.org/english/countries/
ua/index.htm
http://www.ohchr.org/english/countries
…Status 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

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.

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.

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



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



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)


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
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
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:

You may find all state reports and concluding
observations under http://www.unhchr.ch/tbs/doc.nsf

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
CSO
•data, monitoring
claim rights
•remedies
duty bearers
Capacity
development
• information, education
• participation
• organisation
• monitoring
• access to remedies
(administrative, judicial)
rights holders
UN-CT support
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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
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Human Rights related responsibilities
of the Resident Coordinator
UN Guidelines for Resident Coordinators (2000):




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
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Treaty bodies
Provides its
Own inputs
Concluding
observations
State reports
Shadow reports
UNCT
Supports
reporting
Process
Programmes
support State
implementation
State
Civil Society
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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
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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:
 Harmonise national law and policy with the provisions of the
Convention.
 Create human rights mechanisms or strengthen existing
ones at the national or local level for coordinating policies and
for monitoring
 Make the principles and provisions of the treaty widely
known.
 Provide adequate remedies in the case of non-compliance.
 Allocate budgets to programmes that aim to fulfil human
rights.
 Submit periodic reports to the TB on the progress achieved
and obstacles encountered in the implementation of the treaty.
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What shall be done differently
when applying the HRBA

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

UN Country team should discuss with state authorities
when and where human rights are not fulfilled

Work towards availability of data which indicate whether
or not human rights are fulfilled. Insist on dis-aggregated
date (gender, age, region, ethnicity).

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

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What shall be done differently when
applying the HRBA (cont.)
 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
 Priority setting: Focus on what are the most
“burning” human rights problems (which
Human Rights are least fulfilled)
Regarding assistance to the Duty bearers:
 Shift from service delivery to capacity building,
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 Analyze where is the capacity/motivation gap
What shall be done differently when
applying the HRBA (cont.)
Regarding Assistance for the Right Holders:
 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
 Cooperate with the state authorities as well
as with civil society, strengthen the
cooperation with the CSO/NGOs

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
 Co-operate with the Treaty Bodies and Special
Procedure (e.g. by providing information
where Human Rights are not fulfilled)
 Design and implement all stages in of a project
in an inclusive manner which involves duty
bearers and rights holders

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Cooperation with OHCHR
OHCHR is open for consultations on any human rights issues
Please consult OHCHR if:
 you have questions about programming and HR
 Regarding proposals for joint programming
 you need for HR’s expertise
 you have questions on the UN’s role and response to HR
issues
 you need to make contact with non-UN HR organizations
 regarding any other HR related issues
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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
 Take it seriously
 Contact OHCHR for advice (if you cannot contact OHCHR
directly ask somebody higher up in your organization to
contact OHCHR for you)
OHCHR may
 provide advice
 Provide referrals
 Ask for more details
 Submit a complaint to a treaty body committee or to a Special
Procedure
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THANK YOU !
Action 2
Learning Human
Rights Together
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