Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights LEARNING GOALS AND OBJECTIVES The goal of the Manual is to support staff and Commissioners of NHRIs to effectively monitor socioeconomic policies from a human rights perspective. Specifically, the Manual aims to foster: • Interest in and commitment to the topic: Readers will develop a clear understanding of what monitoring is and a strong appreciation of why ESCR are an important topic for their NHRI to monitor. • Knowledge acquisition: Readers will gain expertise on fundamental ESCR standards and principles and how they have been interpreted, especially regarding the scope of States’ obligations under international law. • Skills development: Readers will build their capacity to apply a coherent analytical framework when assessing their State’s compliance with its obligation to fulfil ESCR and will increase their familiarity with how to use key tools and techniques for monitoring. The Manual also introduces “OPERA”, an analytical framework for ESCR monitoring developed by CESR that groups human rights norms around four dimensions: Outcomes, Policy Efforts, Resources and Assessment. The framework features different tools and techniques that can be used for measuring each of these norms, such as identifying indicators, analysing data and evaluating budgets. WHAT DO WE MEAN BY MONITORING? Monitoring is a very broad term. The United Nations Office of the High Commissioner for Human Rights (OHCHR) describes it as the “active collection, verification and use of information to address human rights problems”.1 Because of its breadth, monitoring has tended to be used as a catch-all term to describe a diverse collection of investigative approaches. For this reason, it covers a wide range of activities that NHRIs commonly undertake as part of their mandated functions. One helpful way of thinking about these different monitoring activities is to picture them along a spectrum, based on how in-depth each activity is. Although these categories may not neatly capture every type of monitoring activity, having a clear sense of the different types of monitoring activities can help NHRIs decide which methodological approach will be most appropriate to support their particular area of study. AUDITING INVESTIGATIONS FACT-FINDING Present an overall “snapshot” of the situation. Often based on desk research, auditing relies on the regular collection of information to track progress on specific commitments or trends in human rights enjoyment more broadly. While it is the least in-depth form of monitoring, auditing is important for highlighting issues of concern that demand further attention. Dig deeper into a particular issue of concern with the aim of identifying specific actions that can be taken to address it. Investigations often include a mix of desk and field research. Gather evidence with the aim of determining whether a human rights violation has occurred. It is the most in-depth type of monitoring activity and will almost always involve field research. Examples: Studies on particular issues; reviews of particular laws and policies; periodic inspections of frontline service providers (e.g. schools, hospitals, homeless shelters, places of detention etc.); national inquiries. Examples: Responding to individual complaints; bringing cases to court (if mandated). Examples: Measurement frameworks; annual reports; periodic reports to international bodies. 1 2 OHCHR (2011), Manual on Human Rights Monitoring, at p. III.