Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights Understand State constraints • Why? The capacity of the State (influenced by third parties and structural limitations) is relevant in order to explain why its efforts have not been more successful. • How? Again, these constraints can be uncovered through qualitative approaches or through quantitative methods from various fields. Determine State compliance • Why? To make a considered conclusion about the State’s performance in relation to its obligation to fulfil ESCR. • How? By “triangulating” the findings from the first three steps, it should be possible to make a judgment about the State’s efforts to progressively realize ESCR and the results of those efforts on the ground. Element Human rights norm Types of assessment techniques Identify contextual factors that limit enjoyment of the right Indivisibility and interdependence of rights Right to a remedy Identify the social, economic, political or cultural conditions that prevent people from enjoying the right or seeking redress for violations of the right (e.g. through capacity gap assessment). Understand the State’s constraints Obligation to respect and protect rights against abuse by third parties Identify how the acts or omissions of third parties or structural dysfunctions impact on the State’s ability to fulfil the right. Extraterritorial obligations of other States to respect, protect and fulfil ESCR Determine State compliance Obligation to fulfil Draw together findings from previous steps, in light of the above elements. 3.4. HOW CAN THE OPERA FRAMEWORK BE USED IN PRACTICE? The OPERA framework adopts a multidisciplinary approach to answer the questions at each step, combining a range of research techniques such as: • Simple, descriptive statistics and data that are not complex or technical • Human rights indicators developed by international and regional human rights bodies • Benchmarks set in relevant fields (e.g. public heath) • Techniques of budget analysis to interpret the State’s fiscal policy • Traditional human rights reporting methods, including narrative testimony gathered through field visits to listen to affected communities and ensure that the “numbers” are complemented with human stories. These tools and techniques are described in more detail in the following chapters. 38