PHA-Exchange> Food for a binding thought

Wed Apr 26 02:25:36 PDT 2006

Human Rights Reader 133

IF A STATE HAS RATIFIED A TREATY, IT IS LEGALLY BOUND TO IMPLEMENT IT: A REITERATION.  Part 2 of 2

[A quick reminder: The elements of the human rights-based approach to development (HRBA) are:  an assessment and analysis of the immediate, underlying and basic causes of violations of the pertinent rights; the identification of human rights (HR) claims of rights holders and the corresponding obligations of duty bearers; an assessment of the capacity of rights holders to claim and of duty bearers to fulfill their obligations; and the drafting and execution of a plan based on this analysis].

10. The HRBA is not dependent on statistics; any infringement of HR is a violation, irrespective of the number of people affected, i.e., each HR violation stands on its own and should be taken seriously. In short, quantity does not decide whether or not HR are violated. (Note that "Violation" is a strong word that some of the more pro-status-quo conservatives prefer to avoid).   

11. But be aware that the right to health, for instance, does not mean that people have the right to be healthy (or the right to food does not mean the government has the obligation to feed all people). It is the conditions for access to health and to adequate nutrition that have to be created, assured and sustained. In practice, this means governments cannot be blamed for each and every individual health problem --but for some, they sure can, and redressal can be demanded. 

12. On the other hand, a lack of duty bearers' capacity and resources (to respect, protect and fulfill HR) in itself is no justification for bad or non-existent HR policies; the government can take many measures that do not require extensive resources. Lack of resources is sometimes the result of lack of priority, when governments spend large amounts on budgetary items other than those related to health, nutrition or other social services. In such cases, governments can and have to expand their capacity by seeking international assistance.  

13. In short, factors limiting government capacity are important to take into account, but they should not be used as an excuse. 

14. It is often argued that crisis situations make it more difficult to implement any policy (HR policies included).  However, it may not be used as an excuse to remain inactive on burning issues pertaining to people's rights. 

15. Indicators of political-will-towards-HR to watch for are, for example, a high-level capable official being made responsible for the implementation of one or more key HR policy(ies), or when government statements consistently refer to (a) HR problem(s) and propose solutions. 

16. As much as governments are directly responsible for the measures they take or do not take to ensure HR, to a certain extent, they are also responsible for actions of other actors such as private providers or enterprises. 

What does the above imply, then, for our work as HR activists?

17. Emphasize not what the government should do, but what you can and will do to make the government do what it ought to do. 

18. Summarize the information and the facts gathered to present linking them to the formulation of concrete demands; suggest policy improvements; develop a plan (your plan) that makes sure the government takes action. 

19. Depending on who needs to be convinced use more legal or more technical (e.g., medical) or political arguments. Decide whether being more accommodating or more confronting keeping as the central aim to gently push or more vigorously press the government into action. When the government just makes promises of future action, remember that the long run famously never arrives.  

20. In sum, our challenge is to build a HR culture in the face of the long-established 'charity-inspired, top-down system'. The aim is to transform rights holders into active claim seekers and to strengthen and empower local grassroots organizations, as well as to help duty bearers to comply. We want the HRBAP to be more than just another concept in an insincere concept-generating world. 

21. How will we know we are there? Government services become rights-based when the services that beneficiaries are entitled-to are clearly defined and provided, and when participatory mechanisms to review government decisions and to provide effective remedies exist should someone be unjustly denied equal access. 

Claudio Schuftan, Ho Chi Minh City

claudio at hcmc.netnam.vn 

Mostly adapted from Health Rights of Women Assessment Instrument (HerWAI), HOM, Utrecht, January 2006, and SCN News, No. 31, Late 2005-Early 2006.
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