PHA-Exch> Food for a thought to keep an eye on: HRR 178 (2)

Claudio Schuftan cschuftan at phmovement.org
Mon Dec 3 12:01:28 PST 2007


From: Urban Jonsson urban at urbanjonsson.com

*[OF CLAIM HOLDERS, DUTY BEARERS AND AGENTS OF ACCOUNTABILITY. (2)]*

This Human Rights Reader is confusing.

It absolutely correct to emphasize the importance of accountability.

Accountability is one of the key human righs principles, which must be met
in any human rights-based process.

However, as said in paragraph 2, it is about an 'accountability mechanism',
not, as said in paragraph 1,  about 'agents of accountability'.

Individuals with human rights have a valid claim on the correlative duty of
duty-bearers to realize the right. The duty-bearer is 'accountable' to the
claim-holder, and this requires a transparent 'acountbility mechanisms'.
(The duty-bearer, remember, cannot be held accountable if s/he lacks the
required capacity to meet the duty.

Moreover, the difference made between 'rights' and 'human rights' is also
confusing; it does not represent what is normally meant when such a
difference is suggested. Many NGOs define rights as primarily 'moral
positions' without reference to international legal instruments (the
Rights-Based Approach to Development), while human rights, are those rights
codified in UN international instruments (Human Rights-Based Approach to
Development).

**
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