From: <b class="gmail_sendername">Luke Holland</b> <span dir="ltr"><<a href="mailto:lholland@cesr.org">lholland@cesr.org</a>></span><br><br><div class="gmail_quote"><br><div class="im"><p class="MsoNormal"><span lang="EN-US">HUMAN RIGHTS AND SOCIAL JUSTICE: THE
IN(DI)VISIBLE LINK</span></p><p class="MsoNormal"><br><span lang="EN-US"></span></p></div><p class="MsoNormal"><span lang="EN-US"><a href="http://www.opendemocracy.net/openglobalrights/ignacio-saiz-alicia-ely-yamin/human-rights-and-social-justice-indivisible-link" target="_blank">http://www.opendemocracy.net/openglobalrights/ignacio-saiz-alicia-ely-yamin/human-rights-and-social-justice-indivisible-link</a><br>
</span></p>
<p class="MsoNormal"><span style="font-size:14.0pt;line-height:115%" lang="EN-US"><br></span></p><p class="MsoNormal"><span style="font-size:12.0pt;font-family:Cambria" lang="EN-US">CESR Executive Director Ignacio Saiz and CESR Chairperson Alicia Yamin
challenge outdated notions regarding human rights and social justice in an Open
Democracy op-ed article</span>
</p>
<p class="MsoNormal"><b><span style="font-size:14.0pt;line-height:115%" lang="EN-US"><br></span></b></p>
<p class="MsoNormal"><span lang="EN-US">Aryeh Neier, formerly of Open Society, affirms that the pursuit of social
justice is not an appropriate goal of a human rights organization, arguing that
human rights is concerned with restraints on the exercise of power whereas
social justice is concerned with the re</span><span lang="EN-US">distribution of wealth and
resources.</span><span style="font-family:Cambria" lang="EN-US"><span> </span></span></p>
<p class="MsoNormal"><span lang="EN-US"><br></span></p><p class="MsoNormal"><span lang="EN-US">Human rights and social justice are not
synonymous. But the distinction that Neier draws between the two concepts is
based on a questionable characterization of both, as well as on a drastically
limited notion of what constitutes “power.” <span></span>Human rights are defined in a way that renders economic,
social and cultural rights completely invisible. As the international community
marks the <a href="http://viennaplus20.wordpress.com/" target="_blank">20<sup>th</sup>
anniversary of the Vienna Declaration</a>, which unequivocally affirmed the
indivisibility and equal importance of all human rights, there can be little
credible basis for asserting that civil and political freedoms are the
deserving “core” of the human rights agenda. Since Vienna, outdated arguments
regarding the non-justiciability of economic and social rights, their vague or
exclusively programmatic nature, and the impossibility of measuring progress
have all been significantly eroded through practice. </span></p>
<p class="MsoNormal"><span lang="EN-US"><br></span></p><p class="MsoNormal"><span lang="EN-US">The Center for Economic and Social Rights
is part of a generation of international human rights organizations born after
the end of the Cold War to challenge injustice in the economic and social
sphere from a holistic human rights perspective. Its mission was shaped by the
realities of globalization and the chronic persistence of poverty and widening
social inequality despite the democratic transitions of the 80s and 90s. In
this context, the human rights movement could not just concern itself with
constraining abusive interference by the state in individual civil liberties.
Protecting human rights involved bolstering the state’s capacity to rein in the
unbridled power of market forces, and ensuring its institutions were equipped
to protect the enjoyment of human rights from infringements by private actors,
such as Chevron/Texaco in <a href="http://www.cesr.org/section.php?id=20" target="_blank">Ecuador</a>
or Shell Oil in <a href="http://www.cesr.org/section.php?id=39" target="_blank">Nigeria</a>, as
well as to fulfil a series of positive obligations necessary for people to live
lives of dignity. </span></p>
<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;background:white"><span lang="EN-US"><br></span></p><p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;background:white"><span lang="EN-US">From its inception in 1993, CESR has articulated its
mission as promoting “social justice through human rights”, reflecting the goal
of transforming the social and international order in which all human rights
can be fully realized (in the language of Article 28 of the Universal Declaration
of Human Rights). As human rights advocates focusing on economic and social
rights, we have had to address the unfair distribution of resources which fuels
deprivation and inequality within and between societies, and is doing so all
the more blatantly in the wake of the global economic crisis. It is clear to
us, as well as to an ever-growing number of people in the human rights field,
that human rights advocacy must be concerned with distributive justice, as well
as palliative retributive justice, which does not transform underlying
structures of power in society</span><span lang="EN-US">.<span> </span></span></p>
<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;background:white"><span lang="EN-US"> </span></p>
<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;background:white"><span lang="EN-US">Today, there are powerful reminders all around us that human
rights and social justice aspirations are inseparable. From the ongoing turmoil
in Egypt, to the protests over public services in Brazil or austerity in Europe,
the same frustration is being voiced that democratic freedoms do not in
themselves lead to more just societies unless accompanied by fairer social and economic
governance.</span></p>
<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;background:white"><span lang="EN-US"> </span></p>
<p class="MsoNormal"><span lang="EN-US">This does not mean, of course, that all
human rights organizations should address the full panoply of human rights. It
is perfectly valid for organizations to focus on aspects of the agenda suited
to their competencies and traditional <i>modus
operandi</i>. But methodology can also adapt to mission, rather than vice
versa. The experience of organizations such as CESR shows that is possible to
develop effective and rigorous methods to document abuses of economic and
social rights, attribute responsibilities for specific breaches of human rights
standards and press for accountability, much as organizations like Human Rights
Watch do in the civil and political rights sphere. Exposing the injustice
behind more systemic policy failures – for example, building the evidence that
high rates of preventable maternal death in <a href="http://www.cesr.org/section.php?id=50" target="_blank">Angola</a> or <a href="http://www.cesr.org/downloads/assessing.fiscal.policies.from.a.human.rights.perspective.pdf" target="_blank">Guatemala</a>
are linked to inequitable allocation of resources, or that post-crisis
austerity measures in <a href="http://www.cesr.org/downloads/cesr.ireland.briefing.12.02.2012.pdf" target="_blank">Ireland</a>
and <a href="http://www.cesr.org/article.php?id=1287" target="_blank">Spain</a> are
discriminatory and retrogressive – has required developing <a href="http://www.cesr.org/downloads/new_horizons_final_report.pdf" target="_blank">new methods</a>
for rights-based monitoring and advocacy. These include quantitative tools
(marshalling statistical evidence using indicators, benchmarks and indices) and
techniques such as budget and tax analysis to assess whether resources are
allocated and generated in line with human rights principles. </span></p>
<p class="MsoNormal"><span lang="EN-US"><br></span></p><p class="MsoNormal"><span lang="EN-US">These approaches, which demand a more
interdisciplinary range of skills, have been married with traditional
techniques of human rights advocacy, as well as with various forms of social
mobilization, to powerful effect. There is considerable <a href="http://www.hup.harvard.edu/catalog.php?isbn=9780979639555" target="_blank">evidence</a>
that human rights research, policy advocacy and litigation, particularly when
associated with social movement mobilization, have been successful in many
different contexts in challenging economic and social injustices, from the
denial of access to life-saving medical treatment to starvation deaths
resulting from dysfunctional food schemes. Experience has shown that for human
rights advocacy to bring about change in the sphere of economic and social
policy, accountability must be pursued in a variety of different forms and
venues, from courtrooms to boardrooms, newsrooms, classrooms, living rooms and
on the streets.<span> </span>The most durable
and transformative change comes about when judicial challenges and policy
advocacy aimed at decision-making elites has been part of a broader strategy enabling
social justice movements to deploy the tools of human rights advocacy in ways
adapted to their particular context.<span>
</span>For this reason, economic and social rights organizations have made it a
priority to forge <a href="http://www.escr-net.org/our-work/social-movements-and-grassroots-groups" target="_blank">links
with social movements</a> and grassroots groups, working with them to devise
tools and strategies for accountability and to support their efforts to
localize and “vernacularize” human rights claims<i>. </i></span></p>
<p class="MsoNormal"><span lang="EN-US"><br></span></p><p class="MsoNormal"><span lang="EN-US">What this debate drives home is that <a name="1405074ef8586a72_1403105b82efbf20__GoBack"></a>human rights organizations are far from homogenous. They
vary greatly in mission, methods, approaches to partnership and levels of
resources. While each organization is at liberty to define its mandate based on
where it perceives it can make a difference, those with the greatest reach and
profile must guard against undermining the efforts of others to promote a more
comprehensive and transformative understanding of what human rights mean.</span></p><div class="HOEnZb"><div class="h5"><span><font color="#888888">
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