Part I Defining the issues to be monitored
UPDATE FROM AHN
Based on the normative standards she read through earlier, Ahn writes down
some broad research questions, based on the OPERA framework.
• Outcomes: Do women across the country enjoy the right to maternal health?
Are particular groups of women (e.g. rural women, indigenous women, migrant
women) deprived of the right? Has the situation become better or worse over time?
• Policy efforts: What laws and policies has the Government enacted to realize
the right to maternal health for all women? How have these laws and policies
been implemented on the ground? Has the policymaking process been
participatory and inclusive?
• Resources: What resources have been allocated to advance the right to
maternal health? How are they spent in practice? Are there other resources that
could be made available?
• Assessment: What other barriers might prevent women from enjoying their
right to maternal health? What contextual factors – domestic and international
– might be preventing the Government from fulfilling the right? Possibilities
include patriarchal attitudes, religious practices, or even conditionalities placed
on aid from donors.
EXERCISES
1. Complete the table by identifying the primary features of the following human
rights violations:
A. Police violently evict 50 squatter families without prior consultation and
without alternative accommodation. These families must move to a new
area, far from the rest of their community and far from schools and means
of subsistence.
B. A group of women workers in a manufacturing plant complain that they
experience discrimination and sexual harassment in the workplace.
Although sexual harassment has been condemned by the Government, no
specific legislation is in place to address misconduct by private employers.
C. According to data from the Ministry of Health, approximately 10% of
children under five years living in rural areas suffer from malnutrition. This
is almost double the national average and has not changed significantly in
the last ten years.
Violation
Forced eviction
Discrimination
Immunization
Respect, protect or fulfil?
Negative or positive obligation?
Immediate or progressive?
Dependent on available resources?
Individual perpetrator?
Events-based or policy analysis?
Chapter 3: Monitoring the fulfilment of economic, social and cultural rights | 41