Human RightsBased Approach to Programming UNFPA SESSION 2

Human Rights-Based Approach to Programming - UNFPA SESSION 2: Basics of Human Rights

Session Overview • Culture, gender and human rights - an integrated package • What are human rights? • Human rights as a foundation of the UN • The nature of state obligations • Examples of human rights • Accountability • Key points Overarching frame Basics of human rights

Culture, Gender and Human Rights • Culture, gender and human rights are inter -linked

Human Rights-Based Approach (1) • A culturally sensitive, gender-responsive, human rightsbased approach has replaced the ‘basic needs’ approach that UNFPA used to follow • Central elements of a HRBA: – development programmes further the realization of human rights – programming is guided by human rights principles, such as universality, indivisibility, interdependence, equality and nondiscrimination, participation and inclusion, and accountability – human rights frame the relationship between rights-holders and duty-bearers

Human Rights-Based Approach (2) • HRBA aims to: – protect and promote rights – reduce inequality – harness the substantive participation of those who are most affected • By definition, HRBA is sensitive to issues of culture and gender

Culturally Sensitive Programming • Culture: – beliefs, attitudes, values, behaviours and traditions that are learned and shared by virtue of membership and socialization in groups • Culturally sensitive approach aims to: – transform cultural traditions from within by using societies’ own dynamics of change – engage social leadership rather than attempt to dispense with it completely

Gender • Gender: – social attributes and opportunities associated with being male and female – relationships between women and girls and boys – relations between women and between men • UNFPA policy calls for : – gender equality to be mainstreamed across all UNFPA’s activities – programme components that explicitly support women’s empowerment

Gender-Responsive Programming • Within UNFPA, application of gender-responsive approach requires understanding of causes of discrimination and unequal power relations between men and women in specific contexts. • Given that achieving gender equality and eliminating all forms of discrimination are at the heart of a HRBA, HRBAs and gender-responsive approaches are inextricably related and should be integrated.

How are These Three Approaches Interconnected? Human rightsbased approach Culturallysensitive approach Genderresponsive approach

Basic Concepts and Principles of Human Rights

What Are Human Rights? • Human rights are intrinsic values that give all human beings dignity

Characteristics of Human Rights • Are universal – the birthright of all human beings • Focus on the inherent dignity and equal worth of all human beings • Cannot be waived or taken away • Impose obligations upon States and State actors to respect, protect and fulfil human rights • Are internationally guaranteed • Are legally protected

Human Rights in Your Work Everyone enjoys this right Most people enjoy this right Some people enjoy this right A few people enjoy this right No one enjoys this right

Examples of Human Rights • Right to life • Right to health (including mental health, reproductive health, sexual health, etc. ) • Right to decide the number and spacing of children • Right to privacy • Right to education • What other examples can you share? Can you give examples of UNFPA activities that promote these rights?

The International Human Rights Legal Regime

The International Human Rights Legal Regime (1) • Human rights are codified in treaties • The international human rights regime as we know it evolved within the United Nations – a fundamental purpose of the UN is to promote human rights – the Universal Declaration of Human Rights is the cornerstone document of the modern human rights movement

The International Human Rights Legal Regime (2) • Treaties and other legally binding documents – The Charter of the United Nations – Universal Declaration of Human Rights (UDHR) – International Covenant on Economic, Social and Cultural Rights (ICESCR) – International Covenant on Civil and Political Rights (ICCPR) – Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – Convention on the Rights of the Child (CRC) – Convention on Migrant Workers (CMW) – Convention on the Rights of Persons with Disabilities

Treaty Terminology • Ratification - what does this mean? • Accession - how is this different from ratification? • Signature - what is expected of a State Party if it has just signed, but not ratified, a treaty? • Reservations - what are these?

Progressive Realization • Allows governments to take steps towards the progressive achievement of the full realization of human rights • Governments cannot use progressive realization as an excuse for deferring their efforts!

Example of Immediate Obligations • According to the Committee on Economic, Social and Cultural Rights, the following obligations are of immediate effect: – obligation not to discriminate – obligation to take steps targeted deliberately towards the full realization of the rights in question – obligation to monitor progress in the realization of human rights

Regional Human Rights Systems Europe: Convention for the Protection of Human Rights and Fundamental Freedoms Americas: American Convention on Human Rights and Pact San José, Costa Rica on economic, social and cultural rights Africa: African Charter on Human and Peoples’ Rights Arab States: Arab Charter on Human Rights • • • European Court of Human Rights Inter-American Commission on Human Rights Inter-American Court of Human Rights African Commission on Human and Peoples’ Rights African Court on Human and Peoples’ Rights Action 2 slide

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 International and regional judicial protection when national remedies have been exhausted International and regional protection are complementary Action 2 slide

Additional Protections for Human Rights • Declarations, recommendations, conferences and codes of conduct generally regarded as having moral force and providing a guiding reference to States, include: – – The ICPD Programme of Action The Beijing Declaration and Platform For Action The Declaration of Commitment on HIV/AIDS The Declaration on the Elimination of Violence Against Women • These commitments have helped to create new approaches for considering the extent of government accountability for health and gender issues • ICPD is of particular relevance and significance to UNFPA

ICPD and Human Rights • The fifteen principles outlined in the ICPD Po. A are based on fundamental human rights drawn from international human rights treaties, such as: – All human beings are born free and equal in dignity and rights (grounded in rights to equality, nondiscrimination, liberty) – Advancing gender equality and equity and the empowerment of women, the elimination of violence against women, and ensuring women’s ability to control their own fertility (grounded in rights to health, life, equality, freedom to decide the timing and spacing of children, etc. )

Obligations to Respect, Protect, Fulfil • What are a government’s obligations when it comes to human rights?

Human Rights Obligations Duty-bearer’s obligation to: Respect refrain from interfering with the enjoyment of the right Protect Fulfil prevent others from interfering with the enjoyment of the right adopt appropriate measures towards full realization of the right Action 2 slide

Accountability is the process whereby governments/public service organizations/other institutions and the individuals within them are held responsible for their decisions and actions, including their stewardship of public funds, fairness, and all aspects of performance, in accordance with agreed rules, contracts, and standards, and fair and accurate reporting on performance results vis-à-vis mandated roles and/or plans. UNFPA Accountability Framework, Report of the Executive Director, DP/FPA/2007/20.

The Human Rights Council What is it? A subsidiary body of the General Assembly composed of Member States. It replaces the UN Commission on Human Rights What does it do? • promotes universal protection • addresses and prevents violations • develops international law • reviews compliance of Member States • responds to emergencies • creates [I ADDED CREATES/OK? ] OK international forum for dialogue Action 2 slide

International Mechanisms: The Role of Treaty Bodies Monitor and facilitate the implementation of the treaty through: • • • examination of State party reports and additional sources of information observations and recommendations General Comments on HR standards contained in the treaty examination of individual complaints (some of them) DO YOU NEED SOME OF THEM HERE AND IN NEXT ITEM? NO confidential enquiries (some of them) Action 2 Slide

Treaty Monitoring Bodies • Examples of TMBs: – The Human Rights Committee monitors compliance with the ICCPR – The Committee on the Elimination of Discrimination Against Women monitors implementation of CEDAW – The Committee on Economic, Social and Cultural Rights monitors implementation of the ICESCR

International Mechanisms: Special Procedures Countries: – Burundi – Cambodia – DPRK – Haiti – Myanmar – OPTs NOT SURE WHAT COUNTRY THIS IS It’s Palestine and the Acronym is correct Thematic mandates include: – right to highest attainable standard of health – right to education – extreme poverty – right to food – freedom of opinion – freedom of religion – IDPs – migrants – indigenous people – violence against women – Somalia – Sudan Action 2 slide

National Human Rights Protection Systems • Constitutional and legislative frameworks • Effective institutions (parliaments, governments, judiciary, public administration, HR institutions) • Policies, procedures and processes • Vibrant civil society Action 2 slides

UNFPA’s Role in Promoting Accountability • Building closer partnerships between government and civil society • Developing government capacity for collecting and analysing data • Gender-responsive budgeting • Supporting governments in their reporting to the Treaty Monitoring Bodies • Mainstreaming reproductive rights, gender equality and population and development issues into ALL UN activities and processes

Different Levels of Accountability • Accountability of the government/State Party • Accountability of UNFPA (the UN in general) • Accountability of individuals - service providers, teachers, religious leaders, etc.

International Humanitarian Law… • • • Is a set of rules that 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 5. in time of war Action 2 slide

Exercise 1) HRBA 2) Gender-responsive programming 3) Human rights 4) Treaties and other legally binding documents 5) An important conference promoting women’s human rights a) Focus on the inherent dignity and equal worth of all b) The Beijing Declaration and Platform for Action c) Frames relationship between rights-holders and dutybearers d) CEDAW e) Requires understanding of causes of discrimination and unequal power relations between men and women in specific contexts

Conclusion • Because a HRBA aims to promote and protect rights, reduce inequality and harness the substantive participation of those who are most affected, it is by definition sensitive to issues of culture and gender • Understanding human rights law and the UN human rights system is essential to the implementation of a HRBA • HRBA is normatively based on international human rights standards and operationally directed to promoting and protecting human rights