1 Human Rights and Human Rights Based Approach Alan Skurbaty UN Human Rights Advisor for UN System in Ukraine Action 2 Learning Human Rights Together

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Human Rights Human Rights andand

Human Rights Based ApproachHuman Rights Based Approach

Human Rights Human Rights andand

Human Rights Based ApproachHuman Rights Based Approach

Alan SkurbatyUN Human Rights Advisor for

UN System in Ukraine Action 2 Action 2 Learning Learning

Human Rights Human Rights TogetherTogether

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OverviewOverview

1. The UN and Human Rights - Historical Approach and “marching orders”

2. What are Human Rights?3. The UN Human Rights System4. Human Rights Based Approach (HRBA)5. Treaty Bodies / Special Procedure

recommendations related to Ukraine6. The UN Country Team’s Role in the

Promotion and Protection of HR

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What will be the “Message” What will be the “Message” of the Introductory Trainingof 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

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The UN and Human RightsThe UN and Human Rights

Session 1

Action 2 Action 2 Learning Learning


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The UN and Human RightsThe 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

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UN Charter

UDHR

Cold War

DevelopmentDevelopment Human RightsHuman Rights

Copenhagen

Cairo

Vienna

BeijingUN Reform

Agenda1997/20051997/2005

Peace & SecurityPeace & Securityhumanitarian actionhumanitarian action

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Milestones of the UN ReformMilestones 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.

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Milestones of the UN ReformMilestones 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

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Milestones of the UN ReformMilestones of the UN Reform2002 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

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Substantive LinkagesSubstantive LinkagesHR and Development 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 lives- and free from fear- so that their lives and livelihoods are not ripped apart by violence and war”

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Member states resolve to mainstream Member states resolve to mainstream

human rights in their national policieshuman 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

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Human Development… 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

Human Development… 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

The linkages between…The linkages between…The linkages between…The linkages between…

……and Human rights…and Human rights… All people have All people have claimsclaims to social to social arrangements that protect them arrangements that protect them from the worst abuses and from the worst abuses and deprivations-and that secure the deprivations-and that secure the freedom for a life of dignityfreedom for a life of dignity

The realization of human rights requires capacities that development can make possible

……and Human rights…and Human rights… All people have All people have claimsclaims to social to social arrangements that protect them arrangements that protect them from the worst abuses and from the worst abuses and deprivations-and that secure the deprivations-and that secure the freedom for a life of dignityfreedom for a life of dignity

The realization of human rights requires capacities that development can make possible

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Human Rights and MDGsHuman Rights and MDGsReciprocal relationshipReciprocal relationshipHuman Rights and MDGsHuman Rights and MDGsReciprocal relationshipReciprocal relationship

Similarities: Common objectives

Both provide tools for accountability

Progressively realized

Similar guiding principles

Gender equality is integral to both human rights and the MDGs

Similarities: Common objectives

Both provide tools for accountability

Progressively realized

Similar guiding principles

Gender equality is integral to both human rights and the MDGs

Programming complementarities: Identify for each MDG the interrelated

human rights and the steps to be taken to realize those rights in national context

Human rights standards add quality to MDGs numeric targets

human rights adds quality to the process for achieving MDGs

Human rights help reduce disparities in human development

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UN Agency and Interagency UN Agency and Interagency Commitments to Human RightsCommitments 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.

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.

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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

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

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What are (international) Human Rights?


Session 2



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* Universal legal guarantees;

Human Rights are Human Rights are universal legal guaranteesuniversal legal guarantees protecting individuals and protecting individuals and

groups against actions and omissions that interfere with fundamental groups against actions and omissions that interfere with fundamental

freedoms, entitlements and human dignityfreedoms, entitlements and human dignity

* * Civil, political, economic, social and cultural All human rights are indivisibleAll human rights are indivisible which means that which means that whether of a civil, cultural, whether of a civil, cultural,

economic, political or social natureeconomic, political or social nature, they are , they are all all inherent to the dignity of every inherent to the dignity of every

human person. Consequently, human person. Consequently, they all have equal status as rightsthey all have equal status as rights, and cannot , and cannot

be ranked. They are also be ranked. They are also iinterdependent and interrelated,nterdependent and interrelated, which means that t which means that the he

realization of one right depends, wholly or in part, upon the realization of others.realization of one right depends, wholly or in part, upon the realization of others.

* Universal legal guarantees;

Human Rights are Human Rights are universal legal guaranteesuniversal legal guarantees protecting individuals and protecting individuals and

groups against actions and omissions that interfere with fundamental groups against actions and omissions that interfere with fundamental

freedoms, entitlements and human dignityfreedoms, entitlements and human dignity

* * Civil, political, economic, social and cultural All human rights are indivisibleAll human rights are indivisible which means that which means that whether of a civil, cultural, whether of a civil, cultural,

economic, political or social natureeconomic, political or social nature, they are , they are all all inherent to the dignity of every inherent to the dignity of every

human person. Consequently, human person. Consequently, they all have equal status as rightsthey all have equal status as rights, and cannot , and cannot

be ranked. They are also be ranked. They are also iinterdependent and interrelated,nterdependent and interrelated, which means that t which means that the he

realization of one right depends, wholly or in part, upon the realization of others.realization of one right depends, wholly or in part, upon the realization of others.

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What are (intern.) Human Rights?What are (intern.) Human Rights?

…protect human values (freedom, equality, dignity)

…inherent to individuals and, to some extent, groups;

Human rights Human rights protect individualsprotect individuals and, to some extent, groups. Certain and, to some extent, groups. Certain

rights can be assured only through the recognition and protection of rights can be assured only through the recognition and protection of

individual’s rights as members of a group. The term “collective rights” individual’s rights as members of a group. The term “collective rights”

refers to the rights of such peoples and groups, including ethnic and refers to the rights of such peoples and groups, including ethnic and

religious minorities and indigenous peoples.religious minorities and indigenous peoples.

…protect human values (freedom, equality, dignity)

…inherent to individuals and, to some extent, groups;

Human rights Human rights protect individualsprotect individuals and, to some extent, groups. Certain and, to some extent, groups. Certain

rights can be assured only through the recognition and protection of rights can be assured only through the recognition and protection of

individual’s rights as members of a group. The term “collective rights” individual’s rights as members of a group. The term “collective rights”

refers to the rights of such peoples and groups, including ethnic and refers to the rights of such peoples and groups, including ethnic and

religious minorities and indigenous peoples.religious minorities and indigenous peoples.

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What are (internat.) Human Rights?What are (internat.) Human Rights?

reflected in international norms and standards

The treaties, including the seven core international human rights treaties – The treaties, including the seven core international human rights treaties –

ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the

normative framework of human rights standardsnormative framework of human rights standards.”.”

reflected in international norms and standards

The treaties, including the seven core international human rights treaties – The treaties, including the seven core international human rights treaties –

ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the

normative framework of human rights standardsnormative framework of human rights standards.”.”

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What are Human Rights?What are Human Rights?

…legally binding on States. In general terms, it is the In general terms, it is the State that bears the main obligationState that bears the main obligation to respect and to respect and

ensure human rights guarantees ensure human rights guarantees under international lawunder international law. However, it is . However, it is

increasingly recognized that non-State actors, including corporations and increasingly recognized that non-State actors, including corporations and

international organizations, may likewise have responsibilities to varying degrees international organizations, may likewise have responsibilities to varying degrees

under international human rights instruments.under international human rights instruments.

…legally binding on States. In general terms, it is the In general terms, it is the State that bears the main obligationState that bears the main obligation to respect and to respect and

ensure human rights guarantees ensure human rights guarantees under international lawunder international law. However, it is . However, it is

increasingly recognized that non-State actors, including corporations and increasingly recognized that non-State actors, including corporations and

international organizations, may likewise have responsibilities to varying degrees international organizations, may likewise have responsibilities to varying degrees

under international human rights instruments.under international human rights instruments.

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Human Rights Obligations Human Rights Obligations

Duty-bearer’s obligation toDuty-bearer’s obligation to

RespectRespect ProtectProtect FulfillFulfill

prevent others from interfering

with the enjoyment of a right

prevent others from interfering

with the enjoyment of a right

refrain from interfering with the enjoyment of the

right

refrain from interfering with the enjoyment of the

right

adopt appropriate measures towards full realization of

the right

adopt appropriate measures towards full realization of

the right

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State is the primary duty State is the primary duty bearer under international lawbearer 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.

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Human Rights Entitlement Human Rights Entitlement

Rights holdersRights holders

IndividualsIndividuals GroupsGroups

To some extent groups are also entitled to

human rights(e.g. minority- or ethnic

groups)

To some extent groups are also entitled to

human rights(e.g. minority- or ethnic

groups)

Every individual is a rights-holder and entitled to the same rights

without distinction

Every individual is a rights-holder and entitled to the same rights

without distinction

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International, Regional and National Human Rights SystemsInternational, Regional and National Human Rights Systems

Session 3



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Human Rights SystemsHuman Rights Systems

UN CharterUN Charter

UDHRUDHR

HRCHRC

ICCPRICCPR ICESCRICESCR

CERD CEDAWCEDAW

CATCATCRCCRC

National Protection Systems

CMWCMWOther Other International International InstrumentsInstruments Regional

Regimes

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Universal Declaration of Universal Declaration of Human Rights 1948Human 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.

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Seven Core International Human Seven Core International Human Rights TreatiesRights 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

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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

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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….

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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)

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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…

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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…”

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Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984

Optional Protocol

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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

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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

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Two New ConventionsTwo 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

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Protection of RefugeesProtection 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

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International Humanitarian Law…International Humanitarian Law…International Humanitarian Law…International Humanitarian Law…

The Four Geneva Conventions (1949)

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)

The Four Geneva Conventions (1949)

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)

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

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

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National Human Rights Protection Systems (NHRPS)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

Constitutional and Legislative frameworks

Effective Institutions (Parliaments, Governments, Judiciary, public administration, HR institutions)

Policies, procedures and processes

Vibrant civil society

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Links between international, regional Links between international, regional and national systemsand national systems

Links between international, regional Links between international, regional and national systemsand 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

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

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International Mechanismsto secure fulfillment of Conventions

International Mechanismsto secure fulfillment of Conventions

Human Rights Council

Treaty Bodies

Reporting obligations of each State Party

Special Procedures

1503 Complaints procedure

Human Rights Council

Treaty Bodies

Reporting obligations of each State Party

Special Procedures

1503 Complaints procedure

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The Human Rights CouncilThe Human Rights Council

What does it do ?

*Promotes universal protection

*Addresses and prevents violations

*Develops international law

*Reviews compliance of Member States

*Responds to emergencies

*International forum for dialogue

What does it do ?

*Promotes universal protection

*Addresses and prevents violations

*Develops international law

*Reviews compliance of Member States

*Responds to emergencies

*International forum for dialogue

What is it ?

A subsidiary body

of the General

Assembly

composed of

Members States.

It replaces the UN

Commission on

Human Rights

What is it ?

A subsidiary body

of the General

Assembly

composed of

Members States.

It replaces the UN

Commission on

Human Rights

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International Mechanisms:The Role of Treaty Bodies (TB)

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)

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)

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Concluding observations

StateCivil Society

State reportsShadow reports

Treaty bodies

Supports reportingProcess

Programmessupport State

implementation

Provides its Own inputs

UNCT

46

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International Mechanisms:Special ProceduresInternational Mechanisms:Special Procedures

Countries

Belarus – Burundi

Cambodia – Cuba

DPRK – D.R. Congo

Haiti - Liberia

Myanmar – OPTs

Somalia – Sudan

Countries

Belarus – Burundi

Cambodia – Cuba

DPRK – D.R. Congo

Haiti - Liberia

Myanmar – OPTs

Somalia – Sudan

28 Thematic, including:

Adequate Housing - Arbitrary Detention – Sale of Children Right to Education - Extreme Poverty Right to Food – Freedom of OpinionRight to Health – rights of migrantsindependence of judges an lawyersFreedom of Religion – Migrants Minority issues – Trafficking of personsToxic and products and wastes - Torture– Violence Against Women

28 Thematic, including:

Adequate Housing - Arbitrary Detention – Sale of Children Right to Education - Extreme Poverty Right to Food – Freedom of OpinionRight to Health – rights of migrantsindependence of judges an lawyersFreedom of Religion – Migrants Minority issues – Trafficking of personsToxic and products and wastes - Torture– Violence Against Women

Individuals (e.g. Special Rapporteurs) or working groupsIndividuals (e.g. Special Rapporteurs) or working groups

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Report to HRC:Observations andRecommendations

StateCivil Society

Provide Information and extend invitations

for visits

Special Procedures:Country VisitsCommunications, StatementsThematic studies

Awarenesse.g. urgent actions

Advocacy andFollow-up

Programmes support State

implementation

Supports Country

Visits

UNCT

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UN Country Teams Role 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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To sum up:To sum up: Instrumental Value of Instrumental Value of International Mechanisms in UN workInternational Mechanisms in UN workTo sum up:To sum up: Instrumental Value of Instrumental Value of International Mechanisms in UN workInternational Mechanisms in UN work

Country-basedobservations and recommendation

GlobalTreaty 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





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How to access documents of the How to access documents of the Treaty Bodies and Special ProcedureTreaty 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 eventsCountry profile

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Check on….Check on….

…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

http://www.ohchr.org/english/countries

For Ukraine click

www.ohchr.org/english/countries/ua/index.htm

For Ukraine click

www.ohchr.org/english/countries/ua/index.htm

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The Human Rights Based ApproachThe Human Rights Based ApproachThe Human Rights Based ApproachThe Human Rights Based Approach

Session 4Session 4



54

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

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

What is a Human Rights Based What is a Human Rights Based Approach?Approach?What is a Human Rights Based What is a Human Rights Based Approach?Approach?

55

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 “claim-holders” 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.

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 “claim-holders” 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.

Needs-based approach versus Needs-based approach versus a rights-based approacha rights-based approachNeeds-based approach versus Needs-based approach versus a rights-based approacha rights-based approach

56

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.

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.

Why a human rights-based approach

to development?


to development?

57

b) Instrumental to development strategies

Addresses power inequalities and discrimination

Deals with weaknesses in accountability systems

Objective framework to manage conflicts and seek redress

b) Instrumental to development strategies

Addresses power inequalities and discrimination

Deals with weaknesses in accountability systems

Objective framework to manage conflicts and seek redress


to development?


to development?

58

c) Institutional reasons (UN comparative advantage)

Impartiality to deal with sensitive issues Holistic analysis and integral responses to

problems

c) Institutional reasons (UN comparative advantage)

Impartiality to deal with sensitive issues Holistic analysis and integral responses to

problems


to development? (cont.)


to development? (cont.)

59

The UN Common Understanding The UN Common Understanding on the HRBA (2003)on the HRBA (2003)The UN Common Understanding The UN Common Understanding on the HRBA (2003)on the HRBA (2003)

1.1. All programmes of development co-operation, policies and All programmes of development co-operation, policies and

technical assistance should further the realization of human technical assistance should further the realization of human

rights as laid down in the UDHR and other international human rights as laid down in the UDHR and other international human

rights instrumentsrights instruments

2.2. Human rights standards and principles guide all development Human rights standards and principles guide all development

cooperation and programming in all sectors and phases of the cooperation and programming in all sectors and phases of the

programming processprogramming process

3.3. Development cooperation contributes to the development of Development cooperation contributes to the development of

the capacities of ‘duty-bearers’ to meet their obligations and/or the capacities of ‘duty-bearers’ to meet their obligations and/or

of ‘rights-holders’ to claim their rightsof ‘rights-holders’ to claim their rights

1.1. All programmes of development co-operation, policies and All programmes of development co-operation, policies and

technical assistance should further the realization of human technical assistance should further the realization of human

rights as laid down in the UDHR and other international human rights as laid down in the UDHR and other international human

rights instrumentsrights instruments

2.2. Human rights standards and principles guide all development Human rights standards and principles guide all development

cooperation and programming in all sectors and phases of the cooperation and programming in all sectors and phases of the

programming processprogramming process

3.3. Development cooperation contributes to the development of Development cooperation contributes to the development of

the capacities of ‘duty-bearers’ to meet their obligations and/or the capacities of ‘duty-bearers’ to meet their obligations and/or

of ‘rights-holders’ to claim their rightsof ‘rights-holders’ to claim their rights

GOALGOAL

PROCESSPROCESS

OUTCOMEOUTCOME

60

1.1. All programmes of development co-operation All programmes of development co-operation

should further the realization of human rights should further the realization of human rights

as laid down in the UDHR and other as laid down in the UDHR and other

international human rights instrumentsinternational human rights instruments

1.1. All programmes of development co-operation All programmes of development co-operation

should further the realization of human rights should further the realization of human rights

as laid down in the UDHR and other as laid down in the UDHR and other

international human rights instrumentsinternational human rights instruments

The realization of human rights is the ultimate goal of all

development programmes

HRBA influences the identification of UN strategic priorities HRBA influences the identification of UN strategic priorities

Programming is informed by the recommendations of Programming is informed by the recommendations of

International HR bodies and mechanisms (Treaty Bodies and International HR bodies and mechanisms (Treaty Bodies and

Special Procedure)Special Procedure)

The realization of human rights is the ultimate goal of all

development programmes

HRBA influences the identification of UN strategic priorities HRBA influences the identification of UN strategic priorities

Programming is informed by the recommendations of Programming is informed by the recommendations of

International HR bodies and mechanisms (Treaty Bodies and International HR bodies and mechanisms (Treaty Bodies and

Special Procedure)Special Procedure)

GOALGOAL

61

Programming informed by Programming informed by Human Rights MechanismsHuman Rights MechanismsProgramming informed by Programming informed by

Human Rights MechanismsHuman 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.

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.

62

2)2) Human rights standards and principles guide Human rights standards and principles guide all development cooperation and all development cooperation and programming in all sectors and in all phases programming in all sectors and in all phases of the programming processof the programming process

2)2) Human rights standards and principles guide Human rights standards and principles guide all development cooperation and all development cooperation and programming in all sectors and in all phases programming in all sectors and in all phases of the programming processof the programming process

Human Rights standards and principles improve the Human Rights standards and principles improve the

quality of outcomes and processesquality of outcomes and processes

Human rights standards delineate the ‘playing field’ in Human rights standards delineate the ‘playing field’ in

which development takes placewhich development takes place

HR principles provide the “playing rules” for the HR principles provide the “playing rules” for the

development process. development process.

Human Rights standards and principles improve the Human Rights standards and principles improve the

quality of outcomes and processesquality of outcomes and processes

Human rights standards delineate the ‘playing field’ in Human rights standards delineate the ‘playing field’ in

which development takes placewhich development takes place

HR principles provide the “playing rules” for the HR principles provide the “playing rules” for the

development process. development process.

PROCESSPROCESS

63

ASSESSMENT & ANALYSIS

PRIORITY SETTING

PROGRAMME PLANNING

AND DESIGNIMPLEMENTATION

MONITORING AND EVALUATION

…The integration of human rights principles and standards into all stages of the programming process…

64

Human Rights StandardsHuman Rights Standards(Articles in the treaties or(Articles in the treaties or General comments of the UN treaty bodies) General comments of the UN treaty bodies) Human Rights StandardsHuman Rights Standards(Articles in the treaties or(Articles in the treaties or General comments of the UN treaty bodies) 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

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 rights-

holders and duty bearers

…definition of development objectives

…formulation of corresponding

benchmarks and indicators

in programming, the standards guide the…

…Identification of development challenges

as human rights issues (Assessment)

…analysis of roles and capacities of rights-

holders and duty bearers

…definition of development objectives

…formulation of corresponding

benchmarks and indicators

65

Human Rights PrinciplesHuman Rights PrinciplesHuman Rights PrinciplesHuman Rights Principles

Universality and inalienability

Indivisibility

Interdependence and Inter-

relatedness

Equality and non-discrimination

Participation and inclusion

Accountability and rule of law

Universality and inalienability

Indivisibility

Interdependence and Inter-

relatedness

Equality and non-discrimination

Participation and inclusion

Accountability and rule of law

66

HRBA Requires Higher HRBA Requires Higher Cultural SensitivityCultural 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

67

3) 3) Development cooperation contributes to the Development cooperation contributes to the development of the capacities of ‘duty-development of the capacities of ‘duty-bearers’ to meet their obligations and/or of bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights‘rights-holders’ to claim their rights

3) 3) Development cooperation contributes to the Development cooperation contributes to the development of the capacities of ‘duty-development of the capacities of ‘duty-bearers’ to meet their obligations and/or of bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights‘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

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

OUTCOMEOUTCOME

68

Treaty Bodies / Special Treaty Bodies / Special Procedure recommendations Procedure recommendations

related to Ukrainerelated to Ukraine

Treaty Bodies / Special Treaty Bodies / Special Procedure recommendations Procedure recommendations

related to Ukrainerelated to Ukraine

Session 5



69

To sum up:To sum up: Instrumental Value of Instrumental Value of International Mechanisms in UN workInternational Mechanisms in UN workTo sum up:To sum up: Instrumental Value of Instrumental Value of International Mechanisms in UN workInternational Mechanisms in UN work















70

Treaty Bodies / Special Procedure Treaty Bodies / Special Procedure recommendations related to Ukrainerecommendations 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

71

Treaty Body Concluding Treaty Body Concluding Comments on UkraineComments on Ukraine

72

CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE, Ukraine, 24/07/2000 (ICCPR)COMMITTEE, Ukraine, 24/07/2000 (ICCPR)

Positive:

73

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON CONCLUDING OBSERVATIONS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2000 ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2000 (ICESCR)(ICESCR)Positive:

74

CONCLUDING COMMENTS OF THE COMMITTEE ON THE ELIMINATION CONCLUDING COMMENTS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN – 2004 (CEDAW)OF DISCRIMINATION AGAINST WOMEN – 2004 (CEDAW)

Positive Aspects

75

CONCLUDING OBSERVATIONS OF THE COMMITTEE CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD – 2004 (CRC)ON THE RIGHTS OF THE CHILD – 2004 (CRC)

Positive Aspects

76

CONCLUDING OBSERVATIONS OF THE CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE ELIMINATION OF RACIAL COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION, 12/04/2001 (CERD)DISCRIMINATION, 12/04/2001 (CERD)

Positive Aspects

77

CONCLUSIONS AND RECOMMENDATIONS OF CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE 1999 (CAT)THE COMMITTEE AGAINST TORTURE 1999 (CAT)

Positive Aspects

78

Special Procedure Special Procedure Recommendation on UkraineRecommendation on Ukraine

79

SPECIAL RAPPORTEUR ON PROMOTION AND PROTECTION OF SPECIAL RAPPORTEUR ON PROMOTION AND PROTECTION OF HUMAN RIGHTS, HUMAN RIGHTS DEFENDERS, 2002HUMAN RIGHTS, HUMAN RIGHTS DEFENDERS, 2002

80

SPECIAL RAPPORTEUR ON EFFECTS OF STRUCTURAL ADJUSTMENT SPECIAL RAPPORTEUR ON EFFECTS OF STRUCTURAL ADJUSTMENT POLICIES AND FOREIGN DEBT ON THE FULL ENJOYMENT OF HUMAN RIGHTS, POLICIES AND FOREIGN DEBT ON THE FULL ENJOYMENT OF HUMAN RIGHTS, PARTICULARLY ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2005PARTICULARLY ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2005

81

SPECIAL RAPPORTEUR ON CIVIL AND POLITICAL RIGHTS, SPECIAL RAPPORTEUR ON CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF INDEPENDENCE OF THE INCLUDING THE QUESTIONS OF INDEPENDENCE OF THE JUDICIARY, ADMINISTRATION OF JUSTICE, IMPUNITY, 2005JUDICIARY, ADMINISTRATION OF JUSTICE, IMPUNITY, 2005

82

UN Country Team’s Role in UN Country Team’s Role in Promotion and Protection of Promotion and Protection of

Human RightsHuman Rights

UN Country Team’s Role in UN Country Team’s Role in Promotion and Protection of Promotion and Protection of

Human RightsHuman Rights

Session 6



83

Rights-holder and Duty-bearersRights-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

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

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

84

UN Country Team roleUN Country Team role

duty bearers

rights holders

CSO

• laws

• policies

• services

•data, monitoring

•remedies

• information, education

• participation

• organisation

• monitoring

• access to remedies

(administrative, judicial)

fulfill duties

claim rights

UN-CT support

laws an

d p

olicies,

techn

ical assistance

service delivery

advo

cacy

Info

rmatio

n, parti

cipatio

n,

organisatio

n, monito

ring

Capacity development

85

The role of Capacity DevelopmentThe role of Capacity Development

86

Human Rights related responsibilities Human Rights related responsibilities of the Resident Coordinatorof 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

87

Concluding observations

StateCivil Society

State reportsShadow reports

Treaty bodies

Supports reportingProcess

Programmessupport State

implementation

Provides its Own inputs

UNCT

88

Report to HRC:Observations andRecommendations

StateCivil Society

Provide Information and extend invitations

for visits

Special Procedures:Country VisitsCommunications, StatementsThematic studies

Awarenesse.g. urgent actions

Advocacy andFollow-up

Programmes support State

implementation

Supports Country

Visits

UNCT

89

UN Country Teams Role 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.

90

What shall be done differently What shall be done differently when applying the HRBAwhen 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

91

What shall be done differently when What shall be done differently when applying the HRBAapplying the HRBA (cont.) (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,Analyze where is the capacity/motivation gap

92

What shall be done differently when What shall be done differently when applying the HRBAapplying the HRBA (cont.) (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

93

What shall be done differently What shall be done differently when applying the HRBAwhen applying the HRBA (cont.) (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

94

Cooperation with OHCHRCooperation 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

95

What to do when you come across an What to do when you come across an alleged Human Rights Violationalleged 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

96

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THANK YOU !THANK YOU !THANK YOU !THANK YOU !

Documents

1 Human Rights and Human Rights Based Approach Alan Skurbaty UN Human Rights Advisor for UN System in Ukraine Action 2 Learning Human Rights Together