Human Rights-Based Approaches to Programming

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Different Approaches to Rights-Based Programming

  • 6.9.2005

While most people agree on the fundamental principles behind a rights–
based approach, its interpretation and implementation can vary.

A number of factors influence the nature of rights-based programming
adopted by an organisation. In broad terms, this will depend on whether it
is a human rights organisation striving to incorporate aspects of
development, or a development organisation endeavouring to embrace
human rights. Furthermore, it may view realising human rights as a
contribution to achieving the organisation’s goals, or as a goal in its own
right.

The constituencies with which the organisation works are also important.
These can range from local community groups and devolved non-
governmental organisations to International Financial Institutions and
United Nations agencies. Similarly, the sectoral area in which the
organisation works – children, women, labour, disability, marginalised
communities, water, food, trade, or environment – will to some extent
define the operationalisation of its rights–based programming. What are
the implications of this?

Programming will very much depend on the type of work conducted by an
organisation. For example, whether it:

works with rights holders to claim their rights, or duty bearers to meet
their obligations and responsibilities … or both.

aims to influence policy, undertakes practice, build awareness and
mobilise forces for change, or a balance between these.

operates with the system (for example, helping develop human rights
instruments) or with implementation.

Despite these apparent differences, it should be remembered that
organisations are probably looking to achieve similar results, and are
increasingly working towards those common targets now defined in
international human rights instruments.

A central challenge presented by the shift to a rights-based way of
addressing human development is the need to create optimal collaboration
between actors and stakeholders in the realisation of a right. It will often
be the case that a chain of duty bearers holds various responsibilities, and
that different actors interact with different stakeholders (see example
below).


A rights-based approach to education

All children have a right to education of a quality and relevance that
contributes to their optimal development (and ultimately to the
development of their society).

In order to achieve this parents have a responsibility to ensure that all
their children have these opportunities, and are supported, regardless of
gender, ability or any other discriminating factor.

Teachers have a responsibility not just to provide an educational
opportunity to the children in their classes to the best of their ability, but
also to support parents.

Communities may have a responsibility to support school environments
(and perhaps access to schools for those with mobility challenges).

Local governments have a responsibility to manage the resources, and
government institutions to provide for teacher training and materials.

Central government has a responsibility to make sure that resources are
obtained and allocated such that all children have appropriate
opportunities and so on.

IFI’s have a responsibility not to place restrictions on the full realisation of
the above.

Even children have responsibilities, to make use of the opportunities
offered, and not to interfere with the rights of other children through, for
example, bullying or prejudice.

There may be several places in this pattern of obligations that need
support or strengthening. Parents may not always have the skills or
resources to meet their obligations, other stakeholders may face
constraints beyond their capability Different support actors may be suited
to points of intervention within their mandate or constituencies.

Finally, even if organisations have broadly similar goals and means of
achieving them, they might describe these in quite different ways.

For example, Mary Robinson, the former High Commissioner for Human
Rights, says that a “rights-based approach … means describing situations
not in terms of human needs, or areas for development, but in terms of
the
obligation to respond to the rights of individuals. This empowers people to
demand justice as a right, and not as charity. And legitimizing those
demands provides balance against other, less positive, forces. This also
implies the direct involvement of people in decisions relating to their own
development.” (Geneva, May 1999)

Compare this to the language used by CARE: “A rights-based approach
deliberately and explicitly focuses on people’s achieving the minimum
conditions for living with dignity (i.e achieving human rights). It does so by
exposing the roots of vulnerability and marginalization and expanding the
range of responses.” (CARE Workshop on Human Rights and Rights-based
Approaches to Programming” August 2000 in Promoting Rights and
Responsibilities, June 2001)

There is scarcely a word in common (beyond “rights”) in the two quotes
and yet they add up to more or less the same thing. The proof more likely
is not in the definition used but in the impact of practically employing
rights–
based approaches. It is here that differences between rhetoric and reality
become visible.

Starting points

Emerging Features of a Rights-Based Development Policy of UN, Development Cooperation and NGO Agencies Nguyen, F

The Human Rights Framework for Development: Seven Approaches Marks S

A Rights-Based Approach to Development: What the policy documents of the UN, development cooperation and NGO agencies say? Appleyard S

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