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Human Rights Based Approach

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Applications (why, when & where)

Brief description

A rights-based approach to development is now promoted by many development agencies and non-governmental organizations to achieve a positive transformation of power relations among various development actors. This practice blurs the distinction between human rights and economic development. There are two stakeholder groups in rights-based development, the rights holders (who do not experience full rights), and the duty bearers (the institutions obligated to fulfill the holders' rights). Rights-based approaches aim at strengthening the capacity of duty bearers and empower the rights holders (Gneiting, et al. 2009).

Extractive/non-extractive

Can be if you don’t carry out properly and d does not provide insights and may be inappropriate in a specific context.

Complexity

Not difficult.

For those applying the tool:

For participants:

Strengths

• Ethics at the forefront.
• Framework for operationalizing rights based approach.
• Internationally recognized

Illustrations

Sessions at World Water Week in Stockholm, 1-6 September, 2013

Dr. Alain Vidal, CPWF, chaired a session titled “Core Problems: Focus on Access” under the theme “Bridging land-water-ecosystem divides” on Tuesday, 3 September, 2013.

Dr. Vidal also made a presentation on “Water cooperation mechanisms: How to hit the right Target?” in the session titled: “Water management and peacebuilding: Connecting the local to international policy” on Wednesday, 4 September, 2013.

The Diagnostic Study on Northern Uplands Sustainable Development in Lao P.D.R.

The diagnostic study was prepared for the Sub-Working Group on Northern Uplands Sustainable Development, November 2008, and stated that:

A human rights based approach (HRBA) should be considered to ensure all sections of society have a chance to meaningfully participate in the Programme. The HRBA is a tool to assist both rights-holders (citizens) and duty-bearers (government officials) in realizing more effective development. A number of core concepts have evolved from application of HRBA to development. They capture the most central elements of human rights and tend to be viewed as less confrontational than the promotion and protection of certain specific rights. These concepts most commonly include non-discrimination, participation, transparency, accountability and empowerment. From this, it follows that the application of HRBA also requires specific focus on vulnerable and marginalized groups. There are three levels of state obligations; to respect (obligation by the state not to interfere in the enjoyment of the right in question), to protect (obligation to ascertain that non-state actors do not interfere in the enjoyment of the right in question) and to fulfill (obligation to take positive steps in order to realize the enjoyment of the right in question) human rights.

The Northern Uplands encompass the eight northern provinces of the Lao PDR (Bokeo, Luang Namtha, Oudomxay, Phongsaly, Luang Prabang, Houaphanh, Xieng Khouang and Sayabouli). The full report is at [[1]]

Issues

• Difficult to find and apply metrics for rights.
• Values may shift.
• No practical guidelines or set of principles

Resources

Time:

Human resources:

Costing:

Origins and history

Human rights came into global discourse after the United Nations passed the [http:en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights| Universal Declaration of Human Rights] in 1948. This was the first global recognition that all humans are inherently entitled to rights. Then in 1976 the UN signed the United Nations Covenant on Civil and Political Rights, officially endorsing democracy. However, the United Nations endorsement of democracy had little to do with the UN's stance on development (Forsythe, 1997). Human rights became one of the major debates between the West and Communist states during the Cold War. Cold War dichotomy of right versus left defined power of the state and of the individual in aspects of society based on political affiliation.[http:en.wikipedia.org/wiki/Rights-based_approach_to_development#cite_note-FOOTNOTEHarris-Curtis2003559-4| [4]] The end of the Cold War and the fall of the Soviet bloc left Western values and ideas as one of the main ideologies of the global geopolitical landscape.

Human rights organizations such as [http:en.wikipedia.org/wiki/Human_Rights_Watch| Human Rights Watch] and [http:en.wikipedia.org/wiki/Amnesty_International| Amnesty International], used to focus primarily on documenting human rights violations on the civil and political level. No longer do these organizations focus solely on human rights violations, but also on social, economic, and cultural rights.The evolution of human rights organizations and development organizations and the western idea that rights are asserted through responsibilities, duties, transparency, trust, and accountability have led to the development of the rights-based approach.

In 1993 the UN held the [http:en.wikipedia.org/wiki/World_Conference_on_Human_Rights| World Conference on Human Rights] in Vienna; during this conference they developed the [http:en.wikipedia.org/wiki/Vienna_Declaration_and_Programme_of_Action| Vienna Declaration and Programme of Action], where they linked democracy, human rights, sustainability and development (Hamm, 2001). This made the Cold War division of Civil and Political Rights and Economic Social and Cultural rights interdependent. This further led to the link between human rights and development and enabled policy makers and developers to incorporate a rights-based approach into their policies.

In 1997, the Secretary General to the United Nations called to mainstream human rights into all work of the United Nations. Then in 2003, various organizations and agencies met to develop a "Common Understanding" of a human rights-based approach (UNDP, 2006) with six main principles:

1. 1. Universality and Inalienability
2. 2. Indivisibility
3. 3. Inter-Dependence and Inter-Relatedness
4. 4. Equality and Non-Discrimination
5. 5. Participation and Inclusion
6. 6. Accountability and Rule of Law

The United Nations developed this guide to address the significant changes occurring in the international development community with the adoption of human rights in development work. Since the UN published their standards and steps to a rights-based approach to development, many bilateral donor agencies, such as CIDA and DFID, and international NGOs such as CARE and Oxfam have taken similar steps (UNDP, 2006).

Conditions for use and dissemination

None.

Contacts

Amanda Harding Challenge Program on Water and Food [sipan@wanadoo.fr]

Visit the Wikipedia page on Rights-based approach to development at [[2]]

References

Gneiting, U., Bruno-Van Vijfeijken, T., Schmitz, H. P. 2009. [http:syr.academia.edu/ToscaBrunovanVijfeijken/Papers/184496/Setting_Higher_Goals_Rights_and_Development_--_Trade_Offs_and_Challenges_in_Implementing_a_Rights_Based_Approach_to_Development| "Setting Higher Goals: Rights and Development"]. Monday Development 27(12): 19–20. Retrieved 4/5/2011. Accessed 21 December, 2013 at [[3]]

Forsythe, David (1997). [http:muse.jhu.edu/journals/human_rights_quarterly/v019/19.2forsythe.html| "The United Nations, Human Rights, and Development"]. Human Rights Quarterly 19 (2): 334. Accessed 21 December, 2013 at [[4]]

Hamm, B. (2001). [http:muse.jhu.edu/journals/human_rights_quarterly/v023/23.4hamm.html| "A Human Rights Approach to Development"]. Human Rights Quarterly 23 (4): 1005. [http:en.wikipedia.org/wiki/Digital_object_identifier| doi]:[http:dx.doi.org/10.1353%2Fhrq.2001.0055| 10.1353/hrq.2001.0055]. Accessed 21 December, 2013 at [[5]]

UNDP. 2006. Applying a HRBA to Developing Cooperation and Programming". UNDP Capacity Development Resource. Pp. 17-18. 21 December, 2013, Site temporarily down for maintenance.

Ibid. Pp. 15.