FREQUENTLY ASKED QUESTIONS ON A HUMAN RIGHTS-BASED .
OFFICE OF THE UNITED NATIONSHIGH COMMISSIONERFOR HUMAN RIGHTSFREQUENTLY ASKED QUESTIONSON A HUMAN RIGHTS-BASEDAPPROACH TO DEVELOPMENTCOOPERATIONUNITED NATIONS
OFFICE OF THE UNITED NATIONSHIGH COMMISSIONERFOR HUMAN RIGHTSFREQUENTLY ASKED QUESTIONSON A HUMAN RIGHTS-BASEDAPPROACH TO DEVELOPMENTCOOPERATIONUNITED NATIONSNew York and Geneva, 2006
NOTEThe designations employed and the presentation of the material in this publication do not imply the expression of anyopinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory,city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.***Material contained in this publication may be freely quoted or reprinted, provided credit is given and a copy of the publicationcontaining the reprinted material is sent to the Office of the United Nations High Commissioner for Human Rights, Palais desNations, 8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland.HR/PUB/06/8Photo creditsCover page: International Labour Organization/M. Crozet; United Nations/J.K. Isaac; Enrico Bartolucci/Still Pictures; UNESCO/Maria Muinos; p. 4: Hartmut Schwarzbach/Still Pictures; p. 5: UN Photo/Eskinder Debebe; p. 7: UNESCO/Maria Muinos; p. 9: International Labour Organization/J. Maillard; p. 11: Argus/Still Pictures; Enrico Bartolucci/Still Pictures; p. 13: Otto Stadler/Still Pictures; p. 16: UN Photo/Evan Schneider; p. 17: Ron Giling/Still Pictures; UN Photo/Sebastiao Barbosa; p. 19: Friedrich Stark/Still Pictures; p. 20: UNESCO/Alexis N. Vorontzoff; p. 24: International Labour Organization/J. Maillard; p. 26: Ron Giling/Still Pictures; Manfred Vollmer/Still Pictures; p. 30: United Nations/IYV; p. 31: United Nations/DPI/Eskinder Debebe.II
FOREWORDAt the dawn of the new millennium, human rights anddevelopment are at a crossroads. On the one hand, thecongruence between human rights and development theory has never been more striking. Poverty and inequitiesbetween and within countries are now the gravest humanrights concerns that we face. As the Secretary-General underscored in his 2005 reform report “In larger freedom”,the challenges of human rights, development and securityare so closely entwined that none can be tackled effectively in isolation.United Nations agencies have gone a considerable waytowards reflecting these realities in practice, includingthrough defining a common understanding of a humanrights-based approach to development cooperation, embodied within the United Nations common programmingguidelines. And at the World Summit in September 2005,United Nations Member States gave an unprecedented political imprimatur and impetus to the Organization’s effortsto bring human rights to the front and centre of all its work,a shared commitment that through my 2005 “Plan of action” I am determined to support.Yet there remains a chasm between theory and practice,ensuring that the objectives, policies and processes ofdevelopment are channelled more directly and effectivelytowards human rights goals. There are, of course, manyreasons why this is so, including continuing gaps in knowledge and skills, and difficulties in translating human rightsnorms into concrete programming guidance applicable indiverse policy contexts and national circumstances. Thisis the principal gap that this publication aims to fill, withUnited Nations development practitioners as the primaryaudience.A collective and multifaceted effort is required of humanrights and development practitioners, now more so thanever. Filling gaps in knowledge, skills and capacities will bemeaningless without renewed leadership, commitment andattention to our own internal accountability systems andincentive structures. The valuable contributions brought tothis publication from our United Nations development partners are testimony to the kind of collaboration that shouldbe further encouraged.While a modest contribution on its own, I hope that thispublication will succeed in advancing our shared understanding about how the goals of human rights and development can be achieved through more effective development cooperation, within wider strategies and coalitionsfor change.Louise ArbourUnited NationsHigh Commissionerfor Human RightsIII
ACKNOWLEDGEMENTSEarlier drafts of this publication were shaped greatly from inputs from partner agencies in the United Nations system.The Office of the United Nations High Commissioner for Human Rights (OHCHR) wishes to express particular thanks tothe following, although final responsibility rests of course with OHCHR: Carmen Artigas (Chief, Human Rights Unit, EconomicCommission for Latin America and the Caribbean), Marc Derveeuw (United Nations Population Fund Country SupportTeam, Harare), Emilie Filmer-Wilson (Oslo Governance Centre, United Nations Development Programme (UNDP)), SaschaGraumann (Deputy Chief, UNDP SURF Bratislava), Nadia Hijab (consultant to joint OHCHR/UNDP HURIST programme,New York), Zanofer Ismalebbe (Human Rights Focal Point and HURIST programme officer, UNDP Geneva), Marcia Kran(Democratic Governance Practice Manager, UNDP SURF Bratislava), Carole Landon (Department of Country Focus, WorldHealth Organization (WHO) Geneva), Else Leona McClimans (Oslo Governance Centre, UNDP), Helena Nygren-Krugh (Healthand Human Rights Adviser, WHO Geneva), Thord Palmlund (consultant to joint OHCHR/UNDP HURIST programme, New York),Barbara Pesce-Monteiro (Director, UNDP Guatemala), Patrick van Weerelt (Human Rights Adviser, UNDP New York), LeeWaldorf (Human Rights Adviser, United Nations Development Fund for Women) and Richard Young (United Nations Children’sFund (UNICEF) Representative, Kyrgyzstan).The drafting suggestions and sustained contributions from Urban Jonsson (UNICEF), Detlef Palm (Chair, Global QSA Group forCCA/UNDAF, UNICEF New York), Fabio Sabatini (Regional Programme Officer, UNICEF Geneva), Christian Salazar-Volkmann(UNICEF Representative, Islamic Republic of Iran) and Joachim Theis (Youth and Partnerships Officer, UNICEF RegionalOffice, Bangkok) deserve special mention.IV
CONTENTSPageForeword . IIII.HUMAN RIGHTS1.2.3.4.5.6.7.What are human rights? . 1Is there any hierarchy among human rights? . 2What kinds of human rights obligations are there? . 2Do individuals, as well as States, have obligations?. 3Is it possible to realize human rights when resources are limited? . 4Are there differences between individual rights and collective rights? . 4Do human rights depend on culture?. 5II. HUMAN RIGHTS AND DEVELOPMENT8.9.10.11.12.13.14.15.What is the relationship between human rights and human development?. 7What is the relationship between human rights, the Millennium Declaration and the Millennium Development Goals? . 8What is the relationship between human rights and poverty reduction? . 9What is the relationship between human rights and good governance? . 10What is the relationship between human rights and economic growth? . 10Does the realization of human rights require big government?. 11How can human rights help to resolve policy trade-offs? . 11How can human rights influence national budgets?. 12III. A HUMAN RIGHTS-BASED APPROACH – DEFINITION AND GENERAL ISSUES16.17.18.19.20.21.What is a human rights-based approach? . 15What value does a human rights-based approach add to development? . 16What is the relationship between a human rights-based approach and gender mainstreaming? . 18Can a human rights-based approach help to resolve conflicts between different stakeholders in development? . 19Does a human rights-based approach require United Nations development agencies to engage in partisan politics?. 20Is a human rights-based approach consistent with the requirement for national ownership? . 21V
PageIV. IMPLICATIONS OF A HUMAN RIGHTS-BASED APPROACH FOR DEVELOPMENT PROGRAMMING22.23.24.25.26.27.28.29.30.How do human rights standards relate to the development programming process?. 23What does the principle of equality and non-discrimination mean for programming?. 23What does the principle of accountability mean for programming?.24What does the principle of participation mean for programming?. 26How do human rights help with situation analysis?. 27How do human rights guide programme formulation? . 28Does a human rights-based approach bring anything new to capacity development? . 29What do human rights contribute to the selection of indicators for monitoring development programmes? . 30Is there any contradiction between a human rights-based approach to programming and results-based management?. 31The seven “core” United Nations human rights treaties . 33The human rights-based approach to development cooperation:towards a common understanding among the United Nations agencies. 35Annex III Selected web-based references on a human rights-based approach . 39Annex IAnnex IIVI
IHUMAN RIGHTS1What are human rights?Human rights are universal legal guarantees protectingindividuals and groups against actions and omissions thatinterfere with fundamental freedoms, entitlements and human dignity. Human rights law obliges Governments (principally) and other duty-bearers to do certain things andprevents them from doing others.Some of the most important characteristics of humanrights are that they:v Are universal—the birthright of all human beingsv Focus on the inherent dignity and equal worth of allhuman beingsv Are equal, indivisible and interdependentv Cannot be waived or taken awayv Impose obligations of action and omission, particularly on States and State actorsv Have been internationally guaranteedv Are legally protectedv Protect individuals and, to some extent, groupsTheir meaning is also elaborated by individuals and expertbodies appointed by the United Nations Commission onHuman Rights (a Geneva-based body composed of 53United Nations Member States), known as “special procedures,”2 and of course through regional and national courtsand tribunals. There are other human rights legal systemsas well. For example, the International Labour Organization(ILO) conventions and standards specifically protect labourrights, and international humanitarian law applies to armedconflicts, overlapping significantly with human rights law.Among the rights guaranteed to all human beings under international treaties, without any discrimination on groundssuch as race, colour, sex, language, political or other opinion,national or social origin, property, birth or other status, are:v The right to life, liberty and security of personv Freedom of association, expression, assembly andmovementv The right to the highest attainable standard of healthv Freedom from arbitrary arrest or detentionv The right to a fair trialv The right to just and favourable working conditionsv The right to adequate food, housing and socialsecurityv The right to educationv The right to equal protection of the lawv Freedom from arbitrary interference with privacy,family, home or correspondencev Freedom from torture and cruel, inhuman or degradingtreatment or punishmentv Freedom from slaveryv The right to a nationalityHuman rights standards have become increasingly welldefined in recent years. Codified in international, regionaland national legal systems, they constitute a set of performance standards against which duty-bearers at all levelsof society—but especially organs of the State—can be heldaccountable. The fulfilment of commitments under international human rights treaties (see annex I) is monitored by independent expert committees called “treaty bodies,” whichalso help to clarify the meaning of particular human rights.11Treaty bodies do this through recommendations directed to specific States whenreviewing their compliance with their treaty obligations and through “general comments” (or “general recommendations”) on the meaning of particular rights. Seethe treaty bodies database of the Office of the United Nations High Commissionerfor Human Rights (OHCHR) at tm and OHCHR Fact Sheet No. 30, The United Nations Human Rights TreatySystem, cs/fs30.pdf.I2Examples include the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, theSpecial Rapporteur on torture and cruel, inhuman or degrading treatment orpunishment, and the Working Group on the Right to Development. See OHCHRFact Sheet No. 27, Seventeen Frequently Asked Questions about United NationsSpecial Rapporteurs, cs/factsheet27.pdf.1
v Freedom of thought, conscience and religionv The right to vote and take part in the conduct ofpublic affairsv The right to participate in cultural lifeFurther reading:3Obligations are generally of three kinds: to respect, to protectand to fulfil human rights:v OHCHR treaty bodies database, tm, and fact sheets, eets.htm.2v To respect human rights means simply not to interfere with their enjoyment. For instance, Statesshould refrain from carrying out forced evictionsand not arbitrarily restrict the right to vote or thefreedom of association.v To protect human rights means to take steps toensure that third parties do not interfere with theirenjoyment. For example, States must protect the accessibility of education by ensuring that parents andemployers do not stop girls from going to school.v To fulfil human rights means to take steps progressively to realize the right in question. This obligationis sometimes subdivided into obligations to facilitateand to provide for its realization. The former refersto the obligation of the State to engage proactivelyin activities that would strengthen people’s abilityto meet their own needs, for instance, creating conditions in which the market can supply the healthcare services that they demand. The obligation to“provide” goes one step further, involving direct provision of services if the right(s) concerned cannotbe realized otherwise, for example to compensatefor market failure or to help groups that are unableto provide for themselves.Is there any hierarchy amonghuman rights?No, all human rights are equally important. The 1948Universal Declaration of Human Rights makes it clear thathuman rights of all kinds—economic, political, civil, culturaland social—are of equal validity and importance. This facthas been reaffirmed repeatedly by the international community, for example in the 1986 Declaration on the Right toDevelopment, the 1993 Vienna Declaration and Programmeof Action,3 and the near-universally ratified Convention onthe Rights of the Child.Human rights are also indivisible and interdependent. Theprinciple of their indivisibility recognizes that no humanright is inherently inferior to any other. Economic, socialand cultural rights must be respected, protected and realized on an equal footing with civil and political rights. Theprinciple of their interdependence recognizes the difficulty(and, in many cases, the impossibility) of realizing any onehuman right in isolation. For instance, it is futile to talk ofthe right to work without a certain minimal realization ofthe right to education. Similarly, the right to vote may seemof little importance to somebody with nothing to eat or insituations where people are victimized because of theirskin colour, sex, language or religion. Taken together, theindivisibility and interdependence principles mean that efforts should be made to realize all human rights together,allowing for prioritization as necessary in accordance withhuman rights principles (see question 14).32A/CONF.157/24 (Part I), chap. III, preamble, http://www.ohchr.org/english/law/vienna.htm.What kinds of human rightsobligations are there?Human rights law recognizes that a lack of resources canimpede the realization of human rights. Accordingly, somehuman rights obligations are of a progressive kind, whileothers are immediate.4 For economic, social and cultural rights, States have a core obligation to satisfy theminimum essential level of each right. This level cannot bedetermined in the abstract; it is a national task, to be undertaken in accordance with human rights principles (seequestion 14). However, in any situation where a significantnumber of people are being deprived of their right to health,4See general comment No. 3 of the Committee on Economic, Social and Cultural
frequently asked questions on a human rights-based approach to development cooperation united nations. new york and geneva, 2006 office of the united nations high commissioner for human rights frequently asked questions on a human rights-based approach to development cooperation
Open Payments Frequently Asked Questions July 31, 2020 1 Open Payments Frequently Asked Questions (FAQs) This document is designed as a resource for the Open Payments Frequently Asked Qu
Apr 14, 2020 · Coronavirus: Frequently Asked Questions? This is important information for you about coronavirus (COVID-19). . People have asked us lots of questions about coronavirus. We call these Frequently Asked Questions (FAQs). We answer many of
Medicaid EHR Incentive Program Frequently Asked Questions 3 The State of West Virginia has consolidated the following Frequently Asked Questions (FAQs) regarding the West Virginia Medicaid Electronic Health Record (EHR) Provider Incentive Payment Program. The FAQs include all questions and responses (t
Disaster Assistance Processing and Disbursement Center . 14925 Kingsport Road . Fort Worth, Texas 76155 . Frequently Asked Questions COVID-19 Economic Injury Disaster Loan (EIDL) 9/24/2020 2:34 PM 7 Page . Frequently Asked Questions COVID-19 Economic Injury Disaster Loan (EIDL)
Frequently Asked Questions (FAQs) on Gas Transmission Final Rule Page 1 of 16. Title: Frequently Asked Questions (FAQ) for the Final Rule titled “Pipeline Safety: Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments,” published on October 1, 2019 . Date: September 15, 2020
Frequently Asked Questions . Office of Municipal Securities . In responding to these Frequently Asked Questions (“FAQs”), the Office of Municipal Securities (“staff”) is providing general interpretive guidance on certain aspects of the final rules for the registration of municipal advisors. 1
Frequently Asked Questions on Administrative Rule Suspension . Issued Wednesday April 15, 2020 . The purpose of this memo is to provide guidance on frequently asked questions for: The order issued by Governor Evers, under the authority of Wis. Stat § 323.12(4) and the public health emergency declared in Executive Order #72, to suspend certain
The API Standard 2000 5th Edition takes into account Tank Volume, Liquid Flow, and Temperature Change. It was written as a basis for the pressure control of hydrocarbons, and considered industrial tanks as well. It is this 5th Edition that is probably in widest use today. In 2009, this was updated to the API Standard 2000 6th Edition.
