Summary
This Manual provides NHRIs with support on monitoring socio-economic policies and development
plans from a human rights perspective. It was developed in consultation with senior staff from NHRIs
across the Asia Pacific region, building on the lessons learned from a series of pilot projects conducted
in the region. The Manual introduces the OPERA framework, as well as a range of tools and techniques
for collecting and analysing data – both qualitative and quantitative – under each of its four steps.
OPERA is not a one-size-fits-all model to follow. It sets out the broad categories of issues that need to
be addressed when monitoring ESCR. Within each of these categories, there is a checklist of indicative
questions and suggested methods for answering them. But it will ultimately be up to each NHRI to
determine which questions demand greater attention for the purposes of a particular monitoring activity
and how they can best be answered, depending on the objectives, priorities and practical constraints
involved.
PART I: DEFINING THE ISSUES TO BE MONITORED
Chapter 1: Poverty, development and human rights: Making the connections
The Asia Pacific region faces considerable challenges related to poverty. The human rights-based
approach to development is a useful way to frame poverty as a human rights concern. Monitoring in is an
important component of the human rights-based approach because it can provide the evidence needed
to demand accountability when development plans and socio-economic policies cause, continue or
worsen deprivations of ESCR.
Chapter 2: Economic, social and cultural rights standards
ESCR have been defined and interpreted in international and domestic law. In particular, the jurisprudence
of the Committee on Economic, Social and Cultural Rights and other national and international bodies
has clarified the standards and principles that underpin States’ human rights obligations. States are
obligated to respect, protect and fulfil ESCR. This involves both obligations of conduct and obligations
of result. While obligations of result can generally be achieved progressively, obligations of conduct are
immediate. These obligations include taking steps to increase the availability, accessibility, acceptability
and quality of relevant goods and services for all, without discrimination. ‘Temporary special measures’
may be required to achieve real, substantive equality, including with regard to women’s human rights.
Maximum available resources should be dedicated towards such steps.
Chapter 3: Monitoring the fulfilment of economic, social and cultural rights
There is a difference between events-based monitoring (which focuses on gathering and corroborating
primary evidence from victims and witnesses) and policy monitoring (which takes a “macro” approach).
Policy analysis is often more appropriate when monitoring failures to fulfil ESCR. OPERA is a fourstep analytical framework that can be used for policy monitoring. It analyses Outcomes, Policy Efforts,
Resources, in order to make an Assessment about the fulfilment of rights.
Chapter 4: Working with indicators and benchmarks
Indicators are essentially a way of framing questions in a simple, precise way, while benchmarks provide
a reference point for judging the information captured by an indicator. Indicators and benchmarks can
be used to measure the different human rights norms covered by OPERA. There are various approaches
for identifying indicators and benchmarks, such as consultations with rights holders, using government
commitments and drawing on recommendations made by international agencies.
Summary | 165
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