Human RightsFlash Back…

Human Rights Based Approach

Creating Your Own Definitions of HRBA

• The participants will be divided into 4 groups

• Each group will create the definition of HRBA as per their

understanding

• The facilitator will chalk down the key words of each

definition

Debrief: The key words extracted from the definition will be linked to the results of the application of HRBA which means that all the elements contributes in the promotion of HRBA extracted from the definition

What is a human rights-based approach?

A conceptual framework for the process of human development

that is based on International human rights standards and

operationally directed to promotion and protection of human

rights.

Views development as human development and socio-economic

development

Emphasizes process and not only results

The principles of HRBA

Participation Accountability Non-discrimination and equality Empowerment Legality

PARTICIPATION

• Everyone has the right to participate in decisions which affect their human rights.

• Participation must be active, free and meaningful, and give attention to issues of accessibility, including access to information in a form and a language which can be understood.

• HRBA creates channels for the participation of a broad spectrum of stakeholders, including, poor and disadvantaged people, minorities, indigenous peoples, women children and youth. HRBA promotes active, meaningful and continuous voluntary participation;

• it stresses that developing capacities for participation is an important result in itself.

PARTICIPATION

ACCOUNTABILITY

• Accountability requires effective monitoring of compliance with human rights standards and achievement of human rights goals, as well as effective remedies for human rights breaches.

• For accountability to be effective, there must be appropriate laws, policies, institutions, administrative procedures and mechanisms of redress in order to secure human rights.

• HRBA in programming demands that duty-bearers be identified and held accountable for the violation or neglect of human rights.

• In this sense, one of the fundamental contributions of HRBA is the emphasis it places on challenging the power imbalance between duty-bearers and rights-holders.

ACCOUNTABILITY

NON DISCRIMINATION & EQUALITY

• A human rights based approach means that all forms of discrimination in the realization of rights must be prohibited, prevented and eliminated.

• It also means that priority should be given to people in the most marginalised or vulnerable situations who face the biggest barriers to realising their rights.

• HRBA gives particular attention to non-discrimination, equality, equity and marginalized groups (which may include women, minorities, indigenous peoples, prisoners and the poor).

• A HRBA requires that the question of who is marginalized be answered locally.

• From this perspective, people are not seen as beneficiaries, but as rights-holders.

NON DISCRIMINATION & EQUALITY

EMPOWERMENT

• Everyone is entitled to claim and exercise their rights and

freedoms.

• Individuals and communities need to be able to understand their

rights, and  to participate fully in the development of policy and

practices which affect their lives

• HRBA aims to give rights-holders the capacity and the power to

claim their human rights and hold duty-bearers accountable

EMPOWERMENT

LEGALITY

A human rights based approach requires that the law recognizes human rights and freedoms as legally

enforceable entitlements, and The law itself is consistent with human rights principles

LEGALITY

Why HRBA?

Why HRBA?• It is Holistic and inclusive of all• It reinforces in achievement of Millennium Development goals• MDGs are important in achieving human rights• It is important for gender mainstreaming in developmental activities

and elimination of discrimination • HRBA leads to better and more sustainable human development

outcomes• HRBA strengthens economic growth with the instrument of equity and

social inclusion• Through HRBA by using rights power can be influenced• It can also be used to change power dynamics in development work

(Development actors must demonstrate responsibility and accountability in their action If they want to effect power dynamics)

Consolidating HRBAHRBA helps to answer four critical questions:

Who - Whose life do we want to change? Who has been left behind ?

Why? Which rights are at stake?

Who has to do something about it?

What do they need, to take action?

HRBA &

DEVELOPMENT

DEVELOPMENT

HRBA and DevelopmentTo realize this principle, the HRBA directs us to:

• Use international human rights standards as a foundation of our work

• Build meaningful participation of those at the receiving end of our development efforts into each and every stage of programming

• Address the power imbalance between duty-bearers and rights-holders

• Focus on marginalized groups

• Strive not only to realize the rights of target groups, but more importantly to empower them to be able to claim those rights themselves

Right Holders

VsDuty

Bearers

Rights-Holders and Duty-BearersA rights-holder:

is entitled to rights is entitled to claim rights is entitled to hold the duty-bearer accountable has a responsibility to respect the rights of others

A duty-bearer: has the obligation to respect, protect, and fulfill the rights of

the rights-holders

Two main rationale of HRBA

a. Acknowledging that HRBA is the right thing to do legally and morally

b. Recognizing that HRBA leads to better and more sustainable human development outcomes

HRBA adds to value to Development

HRBA approach seek to build upon an learn from the lessons of good development practice and strengthen arguments for their more consistent implementation

Research shows the importance to development of many human rights outcomes, such as improved girls education, enhance security of tenure and ensuring women equal access to opportunities and the importance of civil and political rights for good governance.

Contribution of HRBA in Development

GOVERNANCE

GOVERNANCE

GOVERNANCE

GOODGOVERNANC

E

GOOD GOVERNANCE

CHARACTERISTICS OF GOOD GOVERNANCE

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials that means The rule of law means that government officials and citizens are bound by and abide by the law.The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country.

Rule of Law

• To Impose Legal Restraints on Government Officials

“Government actions must have positive legal authorization (without which the

action is improper); and no government action may contravene a legal prohibition

or restriction”

• To Maintain Order and Coordinate Behavior and Transactions Among

Citizens.

Functions of Rule of Law