Participatory Strategies for Human Rights Policy Making

8/9/2019 Participatory Strategies for Human Rights Policy Making

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Ramona Ortega

Participatory Strategies for Human

Rights Policy Making


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Overview of Tools and Concepts Paradigm Shift

Using Human Rights Development Index (HDI)

Human Rights Budgeting

Gender Budgeting

Participatory Budgeting

Using the Millennium Development Reports MDGs)

Human Rights Concepts & Right to the City

Human Rights Documentation


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Shifting Paradigm to Outcomes

Global Networks Consulting

Shifting our understanding of Poverty and HumanDevelopment (capacity)**

Moving from program demands to policy demands

to get the desired outcome

Formulating demands and agendas based on

standards, benchmarks, and long-term goals

Human Rights language and standards create rights

and obligations (on governments-includingmunicipalities)


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ESCR Obligations Indices allow one to evaluate progress specifically by

applying the normative framework of human rightsprinciples and standards.

Provides a means to measure state conduct with respect toobligations to respect, promote and fulfill human rights, withparticular consideration for the obligation of progressiverealization subject to maximum available resources.

Development policies are designed to achieve specificgoals, so how those goals are defined has profound

implications for the types of policies pursued. Development goals [human, community, regional] should

always be conceptualized from a rights based approach]



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Duty Bearer and Obligations


The existence of a defined duty bearer allows greaterclarity regarding who is responsible for promoting ESRs,

and thus attention can be paid not only to what must be

done, but also to who is obligated to do it.

At the core of the human rights framework is the idea of

the duty-bearer

State governments have the duty to protect, promote,

and fulfill the human rights of citizens and residents

(Denizens)


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Concepts of the Human Right to

Development and the Right to the City

Human Right to socially fair andenvironmentally balanced use of urban spaceand land, the right to participate inpreparation of the municipal budget and inurban capital gains (gentrification), and theright to move and circulate in the city, and the

right to remain in the city and not be expelledfrom it.

People must be treated as ends in themselves and not merely asmeans to an end: the fundamental rights of one person cannot besacrificed to improve the condition of another.

A human rights frameworks still allows for trade-offs, as discussedbelow, but the trade-offs cannot (a) involve discrimination, or (b)require a person to give-up his/her fundamental human rights tobenefit someone else.


30+ year

history

outcome

of the first

WorldSocial

Forum


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Essential Services and Good GovernanceTowards an international declaration of the right of access to basic services


Charter of Essential Services, South Africa, 2002,

Access to those services is primarily a governance issue

Access to Basic Services- 10 Years of Actions

Participatory Management SUD = Sustainable Urban Development = Social,

Environment, Economy = Governance


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Local Development and Local Development Planning

Local development seen as both a concept as well as a process

DevelopmentPlan

Naming goals and objective of local development

Participation

Naming partners Creating a participatory process

Value ofHuman Rights

using the 4 As-Scheme



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Poverty


Poverty as multidimensional phenomenon characterised by

lasting or chronic shortage of resources, abilities, choices,

security and powers required for an adequate standard

of living and attainment of other civil, economic, political

and cultural rights.


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Human Development Index (measuring

Well Being


HD is about the freedom to have the opportunity to be, todo and to live how they want (expanded opportunities andchoices)

Capabilities = what people can do and what they canbecome

Opportunity is shaped by factors within and beyond onescontrol and include institutional factors

Of the top ranked countries in the HDI, the US has gonefrom 2nd in 1980 to 12th in 2005

Not doing well transforming Wealth into positive health andeducation outcomes

Mainly caused by racial disparities


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Creating a Local HDISocial/Economic

RightFloor Ceiling Local Indicator Non-

DiscriminationBearer of

Obligation

Health

Education

Food

Health

Housing

Decent Work

Objective: To be able to create a local index of human rights standards from whichto hold local governments accountable.

Activity: In small groups, each group will discuss the right, the obligation, and the

indicator of fulfillment of the right (the floor & ceiling) and assess the extent the

right is being fulfilled with regards to non-discrimination and which entity is the right

bearer of the obligation.



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Specific Standards to Measure a Quality

Education


As defined by General Comment No. 13 of the United NationsCommittee on Economic, Social and Cultural Rights (the body in chargeof monitoring the implementation of the International Covenant onEconomic, Social and Cultural Rights in the States which are party to it)

Education is both a human right in itself and an indispensable means ofrealizing other human rights.

As an empowerment right, education is the primary vehicle by whicheconomically and socially marginalized adults and children can liftthemselves out of poverty and obtain the means to participate fully intheir communities.

Education has a vital role in empowering women, safeguarding childrenfrom exploitative and hazardous labour and sexual exploitation,

promoting human rights and democracy, protecting the environment, andcontrolling population growth. Increasingly, education is recognized asone of the best financial investments States can make.

Right to Education for persons in detention
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/ae1a0b126d068e868025683c003c8b3b?Opendocumenthttp://www2.ohchr.org/english/law/cescr.htmhttp://www2.ohchr.org/english/law/cescr.htmhttp://r2e.gn.apc.org/node/636http://r2e.gn.apc.org/node/636http://www2.ohchr.org/english/law/cescr.htmhttp://www2.ohchr.org/english/law/cescr.htmhttp://www.unhchr.ch/tbs/doc.nsf/(Symbol)/ae1a0b126d068e868025683c003c8b3b?Opendocument


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Moving Beyond the Right -- Measuring Implementationand Violations

Human rights obligations: making education a)

availability; b) accessibility; c) acceptability; and

d) adaptability

http://www.right-to-education.org/

http://www.right-to-

education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdf

Specific Standards to Measure a Quality

Education in Your Community
http://www.right-to-education.org/http://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/sites/r2e.gn.apc.org/files/B6g%20Primer.pdfhttp://www.right-to-education.org/http://www.right-to-education.org/http://www.right-to-education.org/http://www.right-to-education.org/http://www.right-to-education.org/


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Human Rights Documentation


Participatory Process

Those affected are central to

the process

Subjective (not neutral)

People centered

Violations are often clear

Qualitative and Quantitative

Capturing & Exposing Data

If discrimination is not

fully exposed, it

cannot be effectively

opposed.


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Useful Documents

International Labour Organization unanimouslyadopted the ILO Declaration on Social Justice for a

Fair Globalization on 10 June 2008.

General Comment No. 14:Right to the Highest

Attainable Standard of Health (Art. 12)

The right to education (Art.13)

General Comment No. 12:The Right to Adequate Food

(Art. 11) http://www.measureofamerica.org/mississippi/

http://www.measureofamerica.org/mississippi/http://www.measureofamerica.org/mississippi/

Participatory Strategies for Human Rights Policy Making

Documents

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