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)
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