Part IV Communicating findings 13.2. WHAT FACTORS MIGHT AFFECT RIGHTS HOLDERS? There are often many factors that influence human rights enjoyment. This reflects the principle that human rights are indivisible and interdependent. One right is often a prerequisite for the enjoyment of another. As such, denials of one right can foster multiple levels of deprivation. Poor and socially excluded groups are less likely to be able to access information, organize, participate in policy debates and obtain redress, for example. Identifying other rights deprivations or socio-economic, political or cultural factors that inhibit people’s ability to enjoy the right(s) under review, or to seek redress when they are the victims of a rights violation, can help identify responses that can be reasonably expected of the State. These can be thought of as “demand-side” factors. In the health sector, these underlying factors are described as “social determinants”; the economic and social conditions under which people live, which affect their health and which have an impact on health inequalities. In this respect, understanding power relations within a community through a gender perspective is particularly important. Within the home, custom may dictate that women should be subordinate to their fathers, their husbands and members of their husbands’ families. Young girls and childless women may have less power than older women. Women may be “inherited” by their deceased husband’s relatives or divorced women may lose custody of their children. Men may not respect the right of women and girls to choose when to have sex. Socio-cultural norms can disempower women, limiting their ability to freely make decisions regarding their reproductive health. Within schools and workplaces, sexual harassment by teachers, employers or fellow workers is not unusual. Within the community, cultural and religious practices can reinforce the subordination of women to men or may violate women’s rights more explicitly. Cultural attitudes, poverty and violence increase women’s vulnerability to poor health; for example, to HIV/AIDS. All of these issues have a bearing on women’s ability to enjoy their ESCR, although the connection may not always be immediately apparent. 13.3. WHAT FACTORS MIGHT AFFECT THE STATE? The capacity of the State, as the primary duty bearer, is also relevant to consider. This involves identifying how influence from domestic or international factors might constrain the State’s capacity to fulfil the right(s) under review. Although such constraints will vary greatly depending on the context, they may broadly relate to the conduct of third parts and structural dysfunctions. Domestic International Conduct of third parties For example, corruption by officials; corporate misconduct; elite capture, etc. For example, corporate misconduct; influence by donors or international financial institutions; conditions in trade agreements, etc. Structural dysfunctions For example, decentralization; electoral processes; parliamentary procedures; environmental volatility, etc. For example, international tax systems; general investment climate; macroeconomic situation, etc. For example, there may be weaknesses in: • Institutional arrangements (e.g. lack of coordination, unclear roles and responsibilities) • Leadership (e.g. nepotism, corruption) • Knowledge (e.g. of human rights obligations) or expertise (e.g. to develop policies in line with these obligations) • Accountability (e.g. absence of feedback mechanisms, audit systems) These can be thought of “supply-side” factors. Chapter 13: Evaluating contextual factors | 131