Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights FREQUENTLY ASKED QUESTIONS ABOUT A HUMAN RIGHTS-BASED APPROACH A human rights-based approach is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. It seeks to analyse inequalities which lie at the heart of development problems and redress discriminatory practices and unjust distributions of power that impede development progress. Source: OHCHR (2006), Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation 1.2.1. Human rights standards define the goals of development Put simply, a human rights-based approach asserts that the main objective of development-related policies, legislation, regulations and budgets should be to fulfil human rights, equally for all people. Such an approach assists governments to translate the normative standards set out in global human rights instruments, conventions and other internationally-agreed commitments and standards into time-bound and achievable results. Human rights are grounded in the principle of universality. This means that all people have an entitlement to all rights. It does not mean, however, that all problems facing all people must be tackled at once. The resource constraints that all governments face mean that prioritization will be inevitable. However, policy trade-offs should avoid exacerbating inequalities, leaving people destitute, backsliding on the fulfilment of human rights (unless strictly justified) or concentrating losses and gains among one particular group. 1.2.2. Human rights principles guide the process of development When adopting a human rights-based approach, human rights principles should apply at all stages of the policy cycle: assessment, analysis, planning, implementation, monitoring and evaluation. These principles are often referred to as “PANTHER”, developed by the UN Food and Agriculture Organization (FAO) in 2006. PANTHER P – Participation A – Accountability N – Non-discrimination T – Transparency H – Human dignity E – Empowerment R – Rule of law Equality and Non-discrimination: A human rights-based approach demands that those suffering discrimination and disadvantage in any given context be given priority attention, especially the poorest of the poor and those experiencing multiple forms of discrimination (e.g. rural women of an ethnic minority). Participation and Inclusion: A human rights-based approach requires the active, free, and meaningful participation in, contribution to, and enjoyment of development policies. Participation is a human right, enshrined in the International Covenant on Civil and Political Rights, and is closely linked to other rights, such as the right to information and the right to freedom of assembly. However, participation should be genuine and meaningful, not done as a token exercise. When participation is “instrumental”, people may be involved in discussions but have no genuine decision-making power or ability to influence decision makers. To ensure that participation is truly “transformative”, concrete steps must be taken to empower people so that decision makers are willing to listen to and respect their views. 8