Part I Defining the issues to be monitored Chapter 3: Monitoring the fulfilment of economic, social and cultural rights KEY QUESTIONS • What are the differences between events-based monitoring and policy monitoring? • Why is policy monitoring difficult from a human rights perspective? • What is the OPERA framework? • How can OPERA be applied to frame a research question? INTRODUCTION As discussed in Chapter 1, accountability is a key principle of a human rights-based approach. Human rights monitoring is a key strategy for securing accountability because it shows where the State is meeting its human rights obligations and where it is falling short. This chapter discusses some of the different approaches to monitoring. Monitoring the obligations to respect and protect, for example, generally uses an events-based approach in order to identify the victim, the perpetrator and the remedy. Monitoring the obligation to fulfil is more challenging but it is essential for securing accountability in relation to issues such as poverty, indirect gender discrimination and socioeconomic exclusion. It is challenging for two reasons. First, establishing causality can be challenging. We need to show that the legislative, budgetary or administrative measures that have been taken have been inadequate. Second, the criteria for analysing the adequacy of such measures – which come from international standards and principles – are complex and multi-dimensional, as discussed in Chapter 2. For this reason, we need to look at the “bigger picture” when monitoring the fulfilment of ESCR. We also need to identify research questions that reflect relevant international norms. This chapter introduces the OPERA framework, which groups relevant norms around four dimensions: Outcomes, Policy Efforts, Resources and Assessment. OPERA can be used as an overarching analytical framework to help design and organize research questions. 3.1. MONITORING EVENTS VS MONITORING POLICIES? WHERE THERE IS A RIGHT, THERE IS A DUTY ... against C who has to do D to B A has a right A = right holder B = the entitlement C = duty bearer D = the obligation Source: OHCHR, HRBA Training Materials (not dated) Chapter 3: Monitoring the fulfilment of economic, social and cultural rights | 31

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