Part I Defining the issues to be monitored Element Human rights norm Types of assessment techniques Measure levels of enjoyment of the right Minimum core obligations Identify relevant outcome indicators that show the extent to which the right, including its minimum essential levels, is enjoyed in the country. Measure disparities in rights enjoyment Non-discrimination Disaggregate indicators by population groups to identify disparities in levels of enjoyment of the right. Measure progress over time Progressive realization Examine variations of indicators over time to assess progress, retrogression and change in disparity levels. 3.3.2. Step two: Policy Efforts Step two focuses on obligations of conduct. The starting point is to identify the human rights commitments that the State has made and evaluate how well these commitments have been reflected in law and policy in order to determine what steps have been taken. Often, it is the implementation of laws and policies where challenges arise. For this reason, step two evaluates goods and services on the ground. Analysing administrative statistics, survey data, and personal testimony can be useful tools for such evaluation. Key questions include: What legal and policy commitments have been made to give effect to the right? Do the initiatives undertaken to implement these commitments ensure services are increasingly made available, accessible, acceptable and of adequate quality, in principle and in practice? Do such initiatives prioritize the reduction of disparities and the achievement of universal minimum levels of the right(s) in question? Is the policy or initiative gender-sensitive and gender-responsive (i.e. does it consider and respond to the specific and perhaps different needs of women)? Do policy processes ensure participatory and accountable decision-making? Identify legal and policy commitments • Why? Shows whether the Government is adequately “taking steps” towards the full realization of rights. • How? Identify indicators that demonstrate commitments made and compare the provisions of relevant laws and policies to international standards and guidelines. Examine policy content and implementation • Why? To determine whether the goods and services needed to fulfil the right are increasingly available, accessible, acceptable and of adequate quality. • How? A range of techniques can be used to gather primary or secondary data on relevant process indicators. As in step one, cross-country comparisons, disaggregated data and international guidelines all offer reference points against which to interpret this data. Qualitative analysis and personal testimony identify the capacity gaps hindering better service delivery. Analyse policy processes • Why? To determine whether the policy process enables rights holders to actively participate in the design, implementation and oversight of policies and to hold the Government to account when they are negatively affected by them. • How? Qualitative techniques (e.g. focus groups, interviews) can gather feedback from particular rights holders. Quantifiable national level studies (e.g. perception surveys and governance indicators) can provide a general overview of the country situation. Chapter 3: Monitoring the fulfilment of economic, social and cultural rights | 35