Mainstreaming Gender And Human Rights In Anti-corruption .
U4 Expert AnswerMainstreaming gender and human rights in anti-corruptionprogrammingQueryOur institution is looking for guidance to: 1) incorporate gender considerations and; 2)incorporate human rights into anti-corruption programming and would like to know if thereare successful practices gained from other partners to do this.ContentSummary1. Why mainstream gender and human rightsinto anti-corruption programming?There is a broad consensus that theanti-corruption and human rights agenda canmutually benefit from each other, but research ismore advanced on how to mainstream gender inanti-corruption interventions and to ensure thatmen and women are equally benefitting from anticorruption programmes and that programmeshave no (unintended) consequences thatdisproportionally affect men or women.2. The process of mainstreaming gender andhuman rights in anti-corruption programming:an overview3. Mainstreaming gender in anti-corruptionprogramming4. Mainstreaming human rights in anti-corruptionprogramming5. ReferencesCaveatThe literature on mainstreaming human rights inanti-corruption is scare. This answer draws onreports and guidelines of mainstreaming humanrights into the broader development agenda.Mainstreaming gender and human rights into anticorruption interventions require taking intoaccount gender and human rights considerationsthroughout four steps of the programme cycle,from the very early stage of strategy setting andconception of programme activities to programmedesign, implementation, monitoring andevaluation.Author(s): Ortrun Merkle, tihelpdesk@transparency.orgReviewed by: Marie Chêne, Transparency International, mchene@transparency.orgDate: 20 July 2018 Number:U4 is a web-based resource centre for development practitioners who wish to effectively address corruptionchallenges in their work. Expert Answers are produced by the U4 Helpdesk – operated by TransparencyInternational – as quick responses to operational and policy questions from U4 Partner Agency staff.
Mainstreaming gender and human rights in anti-corruption programming1. Why mainstream gender andhuman rights into anti-corruptionprogramming?The fact that corruption affects differentpopulations differently and can be an infringementon enjoyment of human rights has receivedincreasing attention over the last years. Whilemore research has been conducted on thequestion of how men and women are differentlyaffected by corruption, the literature on the linkbetween corruption and human rights is stillscarce. There is a consensus on the need tomainstream gender in anti-corruption interventionsto ensure that men and women are equallybenefitting from anti-corruption programmes andthat programmes have no (unintended)consequences that disproportionally affect men orwomen.The understanding of the linkages betweenhuman rights and corruption and the need tointegrate human rights concerns into anticorruption programming has gained less attentionin the literature. The linkages between humanrights and corruption are explored from threedifferent perspectives, mostly investigating: i)whether corruption can be characterised as aviolation of human rights; ii) the effects ofcorruption on the enjoyment of human rights and;iii) whether and how the human rights and thecorruption agendas can be integrated (Chêne2016).Gender and anti-corruption programmingThe rationale for mainstreaming gender inanti-corruption programmesThe importance of including a gender angle in thediscussion of corruption has been widelydiscussed since 2001. There is evidence thatunderstanding gender power relations andinequalities can improve the design of governanceand anti-corruption interventions (UNODC 2013).Research shows that there are differences in howmen and women perceive, experience andtolerate corruption and that women are less likelyto pay bribes. In addition, while the underlyingcausal mechanisms are still debated, theparticipation of women in public life has also beenlinked to lower levels of corruption in manywww.U4.nocountries of the world. At the same time,corruption has also been shown to hinder theactive participation of women in high levelpositions in politics and business (Sim et al.2017).The research has also shown that the impact ofcorruption is highly gendered. Due to powerimbalances and different gender roles in society,women are often proportionally more vulnerable tocorruption and face higher corruption risks incertain sectors, e.g. service delivery (Boehm andSierra 2015). Recent research also shows theimportance of understanding gender specificforms of corruption such as sextortion: the abuseof power to obtain sexual benefits or advantage(IAWJ 2012). To address the genderedexperiences, forms and effects of corruption andto assure that all anti-corruption measures benefitmen and women equally, it is paramount tomainstream gender into anti-corruption efforts.Defining gender mainstreamingThe process to include gender in all aspects ofprogramme development and implementation hasbeen coined gender mainstreaming. Gendermainstreaming is an essential tool for achievinggender equality and has been defined by theUnited Nations Economic and Social Council(ECOSOC) (1997) as “the process of assessingthe implications for women and men of anyplanned action, including legislation, policies orprogrammes, in all areas and at all levels. It is astrategy for making women’s as well as men’sconcerns and experiences an integral dimensionof the design, implementation, monitoring andevaluation of policies and programmes in allpolitical, economic and societal spheres”. Theultimate goal is to promote and achieve genderequality.Therefore, in the context of anti-corruptionprogramming, the key question for gendermainstreaming is to assess whether the plannedanti-corruption intervention is likely to promotegender equality or not (AFDB 2009). Sociallyconstructed roles, activities, attributes andbehaviours, personality traits, relationships, powerand influence that a society conceptuallyattributes to men and women need to beconsidered at all stages of the anti-corruptionprogramme cycle.U4 EXPERT ANSWER2
Mainstreaming gender and human rights in anti-corruption programmingIt is important to note that gender mainstreamingdoes not only refer to women but focuses on thegroup that has been discriminated against, whichcan also include men when their perceived genderroles lead to discrimination. It requires including athorough understanding of gender norms, rolesand “the inclusion of perceptions, experiences,knowledge and interests of women as well asmen, within policymaking, planning and decisionmaking” (UNODC 2013 p.7).Gender mainstreaming should not be seen as anisolated or separate exercise but an integral partof all the organisation’s operations, fromdeveloping the strategic framework ofinterventions, to designing, implementing orevaluating country or regional programmes andprojects, conducting research and developingtools, etc. Gender considerations should beintegrated from the conception of programmeactivities, whether at the national, regional orglobal levels (UNODC 2013).Human rights and anti-corruptionprogrammingThe links between corruption and humanrightsWhile the relationship between human rights andcorruption has gained less attention, the literaturediscusses three it main questions.Firstly, some argue that corruption should beconsidered a violation of human rights as itundermines the rule of law, which is a necessarycondition for the respect of human rights, negatingthe very concept of human rights. Furthermore,there are instances where corruption directlyviolates human rights, e.g. when fair andtransparent elections are undermined, access to afair trial is denied or judicial decisions are bought.(Chêne 2016). The principle of non-discriminationcan also be affected when a person has to pay abribe to get a favourable treatment or access topublic services.Secondly, corruption has been shown to have anegative effect on the enjoyment of human rights.Where corruption is pervasive, it is practicallyimpossible to protect, respect and fulfil humanrights. Corruption weakens the ability of states toadequately respect and protect the enjoyment ofwww.U4.nohuman rights, it compromises the ability ofsecurity institutions to provide for security for thepopulation and undermines citizen’s access tojustice and political representation (Chêne 2016;Human Rights Council 2015). Public resourcesthat are needed to ensure human rights arediverted, and development outcomes areundermined through corruption which can beconsidered a way to undermine the ability of thestate to sufficiently provide for human rights. Asthe United Nations Human Rights Office of theHigh Commissioner (OHCHR) states, corruption“can have devastating impacts on the availability,quality and accessibility – on the basis of equality– of human rights-related goods and services”. Inaddition, systemic corruption exacerbatesinequalities, hampering economic anddevelopment outcomes and constitutes anobstacle for the right of all people to “pursue theireconomic, social and cultural development”.Thirdly, there is a growing consensus in theliterature that the fight against corruption and theprotection of human rights can mutually benefitfrom each other and should be integrated to someextent. Some existing international human rightsmechanisms may be useful in the fight againstcorruption, and vice versa. For example, therespect of freedom of association, access toinformation and freedom of the press isindispensable for countering corruption. Someauthors go as far as arguing that, where rights areguaranteed and implemented, corruption isexpected to drastically reduce. Similarly, it can beexpected that reducing corruption may have apositive impact on human rights protection.Therefore, many authors argue for integrating theanti-corruption and human right agendas.Hemsley (2015) even goes as far as arguing that,since corruption directly and indirectly violateshuman rights, states are required to fightcorruption as part of the duties enshrined underthe core human rights treaties. Multiple HumanRights Council resolutions (the latest in July 2017A/HRC/RES/35/25) explicitly call for the“cooperation and coordination amongstakeholders and national, regional andinternational levels to fight corruption in all itsforms as a means of contributing positively to thepromotion and protection of human rights”. Peters(2015 p.27) identifies several points that wouldU4 EXPERT ANSWER3
Mainstreaming gender and human rights in anti-corruption programminghave to be taken into consideration for humanrights treaty bodies to mainstream anti-corruptioninto their work. Corruption needs to be included as a point tobe addressed in all guidelines, concludingobservations of the committees as well as themandates of the human rights specialrapporteurs.Anti-corruption NGOs should participate in theUniversal Periodic Review and treatymonitoring.A “general comment on corruption and humanrights” applicable to all treaties should beconsidered.National human rights institutions shouldinclude anti-corruption mandates.However, this measure has caveats. There are alimited number of international enforcementmechanisms and, at the national level, corruptionin the judiciary might prevent courts fromcondemning states for human rights violations.Importantly, anti-corruption initiatives need toconsider that they can potentially be in violation ofhuman rights (Human Rights Council. 2015). Incountries where human right violations arewidespread, anti-corruption prosecutions canconflict with fundamental rights of privacy, dueprocess and fair trial if conducted withoutrespecting human rights standards. In suchcontexts, mainstreaming human rights in anticorruption interventions can be useful to try tominimise the risk as it requires integrating humanrights considerations from the beginning of theproject cycle, and programmes can be designedaccordingly.Promoting a human rights based approach toanti-corruptionIn 2004, the United Nations agreed that humanrights must be mainstreamed into all itsprogrammes and defined the three main aspectsof a human right based approach (HRBA) (UNDP2004): All programmes of development cooperation,policies and technical assistance shouldfurther the realisation of human rights as laiddown in the Universal Declaration of HumanRights (UDHR) and other international humanrights instruments.www.U4.no Human rights standards contained in, andprinciples derived from, the UDHR and otherhuman rights instruments guide alldevelopment cooperation and programming inall sectors and in all phases of theprogramming process.Development cooperation contributes to thedevelopment of the capacities of duty-bearersto meet their obligations and/or of rightsholders to claim their rights (UNDP 2004).Such a human rights based approach to anticorruption can add value to countering corruptionby giving the anti-corruption agenda more weight inpolitical and moral terms. This would mean “puttingthe international human rights entitlements andclaims of the people (the ‘right-holders’) and thecorresponding obligations of the State (the ‘dutybearer’) in the centre of the ant-corruption debateand efforts at all levels, and integrating internationalhuman rights principles including nondiscrimination and equality, participation andinclusion, accountability, transparency, and the ruleof law” (OHCHR. 2013. p. 5).One main argument for using a human rightsbased approach in anti-corruption is that ofempowerment. “The human rights approach canelucidate the rights of persons affected bycorruption, such as the rights to safe drinkingwater and free primary education, and show themhow, for instance, the misappropriation of publicfunds in those areas interferes with theirenjoyment of the goods to which they are entitled”(Peters 2015 p.26).Similarly, the Human Rights Council (2015)agreed that shifting the focus in anti-corruptionaway from the individual perpetrators that criminallaw focuses on will lead to an acknowledgementof the responsibility of the state and a betterstatus of victims. Lastly, as Peters (2015)discusses, moving away from a solely criminal lawapproach to anti-corruption will “shift the focusaway from repression toward prevention” and canchange the burden of proof to the state (p. 26).ICHRP (2010 p.8) identifies additional benefits ofintegrating human rights principles within anticorruption. This would help anti-corruptioninitiatives to:U4 EXPERT ANSWER4
Mainstreaming gender and human rights in anti-corruption programming address social, political and economic factorsthat enable corruptionidentify the claims of marginalised groupsagainst the stateoppose abuse of power, violence,discrimination and impunityaddress the rights of groups who sufferdiscriminationempower victims of corruptionuse the accountability mechanisms of thehuman rights systemintervention on men and women and on humanrights. Activities then need to be designed in away that safeguards human rights and ensuresthat both women and men will benefit equally fromthe intervention. Considerations about gender andhuman rights have to be taken into accountthroughout four steps of the programme cycle.The figure below presents the different stages ofmainstreaming that are applicable both for genderand human rights mainstreaming.This line of argument can lead to a clearrecommendation for mainstreaming human rightsinto anti-corruption, which then would make therealisation of human rights a direct goal of anticorruption programmes, and vice versa.While the literature on mainstreaming humanrights into anti-corruption is scarce, the UN has,since 2009, institutionalised the mainstreaming ofhuman rights into development work, which canalso be seen as a guide for anti-corruptionprogrammes. The UN Practitioners’ Portal onHuman Rights Based Approaches toProgramming gives information on mainstreaminghuman rights standards and principles into thedevelopment work.Overall it is important that mainstreaming genderand human rights is not a goal in itself but rather aprocess to reach gender equality and justice. Thehuman rights based approach and gendermainstreaming should also be consideredmutually reinforcing and complementary and cantherefore be undertaken simultaneously (OHCR2006).2. The process of mainstreaminggender and human rights in anticorruption programming: anoverviewMainstreaming: the processMainstreaming either gender or human rights intoanti-corruption programmes and policies requireagencies to look at the human implications of anyactivity, acknowledge the differences betweenwomen and men and different groups, andaddress the potential differential impacts of thewww.U4.noSource: UNDP 2012 p. 5The first step for any programme or projectconsists of assessing the current situation andidentifying gender or human right issues that needto be addressed. Gender and human rightconsiderations should be considered from thevery early stage of strategy setting and conceptionof programme activities. At this stage, an initialassessment of the gender and human rightscontexts and challenges and the impact of theplanned activities on women and men and theenjoyment of human rights needs to be conductedand integrated into the programme designprocess (ONODC 2013).Once these issues have been identified, thecomplete programme/project documents based onthe findings of the first assessment phase have tobe completed. At this stage, the goals andobjectives of the programme need to be examinedand formulated in light of gender equality(UNODC 2013) and protection of human rights.This implies taking into consideration the potentialimplications of the programme on men andwomen and the enjoyment of human rights todevelop gender-sensitive objectives, outcomesand outputs. More specifically, this means that: i)the gender constraints and issues to beU4 EXPERT ANSWER5
Mainstreaming gender and human rights in anti-corruption programmingaddressed by the intervention need to be clearlyarticulated in the objectives of the programme orproject; ii) the programme intervention areasshould explicitly spell out the activities to addressthe gender issues that have been identified and;iii) realistic gender equality targets and indicatorsare developed (AFDB 2009). UNODC’s 2013guidance note for mainstreaming gender inUNODC work provides guidance on key questionsto consider at this stage of programme designwhen mainstreaming gender in the formulation ofobjectives, outcomes and outputs.Continuous monitoring of the situation of genderand human rights should occur during programmeimplementation to ensure that all gender andhuman rights issues identified at the planningstage are effectively addressed in practice. Thiscan involve conducting regular project reviews,collecting sex-disaggregated data, conductingtraining and capacity building, and raisingawareness. Whenever challenges and gaps areidentified at the implementation stage, they shouldbe address and revised as soon as possible(UNODC 2013).Lastly, the evaluation stage should identifystrengths and weaknesses of the programme interms of gender and human rights mainstreamingalong with the impact of the intervention on menand women, analyse if gender and/or humanrights have been built into every aspect of theprogramme cycle and recommend actions for thefuture (UNODC 2013).3. Mainstreaming gender in anticorruptionMainstreaming gender into anti-corruptionprogrammes is more common and therefore thereis more information and experience on how tomainstream gender at each stage of theprogramming cycle.Assessment and analysisThe gender perspective should not only beintegrated at the programme or project level butalso within the overall strategic framework(UNODC 2013). At the strategic andprogrammatic level, a comprehensive genderanalysis needs to be conducted as part of thewww.U4.nosituation analysis to determine the viability of thegovernance intervention (AFDB 200
incorporate human rights into anti-corruption programming and would like to know if there are successful practices gained from other partners to do this. Content 1. Why mainstream gender and human rights into anti-corruption programming? anti 2. The process of mainstreaming gender and human right
Gender mainstreaming . Gender mainstreaming is defined as the process of assessing the implications for women and men of any planned action, including . UNDP (2001), Learning & Information Pack. Gender Analysis. 8. Vertical mainstreaming Horizontal mainstreaming . Macro-level. Meso-level. Micro-level. Bottom up approach Top-down approach.
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MAINSTREAMING & EQALITY OTCOMES PROGRESS 2021. Section 1 - Mainstreaming. Police Scotland have focused on developing our mainstreaming approach at a strategic . level and have seen improvements in this area since the last reporting period While our approach to tactical matters also focuses on mainstreaming Equality, Diversity
Gender analysis is an integral part of a human rights-based approach1, allowing one to see the many ways that gender affects human rights. As a starting point for gender integration, it can propose measures that will close the gender gap between international human rights standards and the everyday human rights situation on the ground.File Size: 679KB
Rights and gendeR in Uganda · 3 Rights & Human Rights Background Rights The law is based on the notion of rights. Community rights workers need to understand what rights are, where rights come from, and their own role in protecting and promoting rights. Community rights worker
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