RIGHTS BASED APPROACH

Trends in the Human Rights Tradition

• From focus on civil and political rights to broader
concern with all rights- economic, social and
cultural rights
• From poverty alleviation as merely a development
issue to poverty eradication as a matter of social
justice and dignity.
• From state-centered approach to participatory,
multi-actor approaches involving media,
corporation, communities and individuals
• From national to international global accountability
 Programs based on the international human rights
standards and norms
UDHR
RBA
Program
Bills of Rights
ICCPR/ICESCR

International Conventions
CEDAW, CRC, CAT, Migrant, Refugees

Declaration on Development, Indigenous People, Minority

• Universal Declaration of Human Rights (1948)
• International Covenant on Civil and Political
Rights (1966)
• International Covenant on Economic, Social
and Cultural Rights (1966)
• Committee on the Elimination of Discrimination against Women (CEDAW) monitors
implementation of the Convention on the Elimination of All Forms of
Discrimination against Women (1979) and its optional protocol (1999);
• Committee against Torture (CAT) monitors implementation of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment (1984);
• Committee on the Rights of the Child (CRC) monitors implementation of the
Convention on the Rights of the Child (1989) and its optional protocols (2000);
• Committee on Migrant Workers (CMW) monitors implementation of the
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (1990);
• Committee on the Rights of Persons with Disabilities (CRPD) monitors
implementation of the International Convention on the Rights of Persons with
Disabilities (2006);
• The Declaration is a comprehensive statement addressing the human rights of
indigenous peoples. It was adopted in 2007. The document emphasizes the rights
of indigenous peoples to live in dignity, to maintain and strengthen their own
institutions, cultures and traditions and to pursue their self-determined
development, in keeping with their own needs and aspirations.
• 1992
UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities
• The Convention relating to the Status ofRefugees, also known as the 1951 Refugee
Convention, is a United Nations multilateral treaty that defines who is a refugee,
and sets out the rights of individuals who are granted asylum and the
responsibilities of nations that grant asylum
The goal is to bring about the realization of the
rights of the people

• It is differ from partial and time-bound

development targets. A rights-based goals is
only achieved when all people enjoy the right.
• Right based approach aims to enable claim
holders to claim their rights and duty bearers
to meet their obligations under international
law
 The duty bearers

1.The primary duty-bearer is the government

– At national level
– State level
– Local level
2.The secondary duty-bearers are private
individuals and institutions but the primary
responsibility remains with the former
Working together towards a common goal

• Not based on one organization to accomplish

on its own.
• Required work at different levels, by different
groups using variety of approaches.
• Joint analysis, common strategies and
collaboration
The approach is not only about what you
achieve, but also how you achieve it.

Working in partnership, putting poor people at

the centre, transforming the power relations
that keep poor people poor, and recognizing
the centrality of unequal gender relations in
this process.
 Components of the Rights-based Approach

1. Analysis based on the Realization of Human Rights

– By analyzing each right
– By analyzing those responsible
2. Meaningful participation at each stage
3. Objectives and goals based on human rights
4. Measuring outcomes in human rights terms
5. Utilizing mechanisms of accountability
Needs based approach
• People deserve help
• Government ought to do
something but no one has
definite obligation
• People can participate in
order to improve service
delivery
• Given scarce resources some
people may have to be left
out
• Each piece of work has its
own goals but there is no
unifying overall purpose
• Certain groups have technical
expertise to meet people’s
need
• Looks at specific, immediate
situation
Rights-based approach
• People are entitled to help
• Governments have binding legal
and moral obligation
• People are active participants by
right
• All people have the same rights
to fulfill their potential
• There is an overarching goal to
which all work contributes
• All groups can play a role in
achieving their rights
• Analyze root causes
The human rights-based approach:
• Based on claims not on charity. Thus the
approach focuses on
– Exclusion
– Inequality
– Discrimination
– Social structures
– Policy change
The human rights-based approach:
• The human rights-based approach is process-
based
– Rule of law, but not merely legal: non-legal, social,
political processes
– Advocacy
– Long-term alliances
– Human rights within each organization
 Principles
• Participation
• Accountability
• Non-discrimination
• Empowerment
• Links to human rights standards
 Implementation of RBA

• Building from the grassroots to the national and international, understanding that
each level has distinct but complementary role to play;

• Linking with others, including ngos, gos, local bodies, social movements, the media
and government as appropriate, based on the understanding that we should be
working together, complementing each others’ work, not competing with each
other; or wasting resources through duplication of work;

• Taking a holistic approach

• Exploring the roles of different stakeholders, from local cultural custodians to the
international financial institutions, all of whom need to be included in the struggle
for rights;
 Implementation
• Recognizing the centrality of gender and power relations and their impact on
people’s ability to access rights;

• Using participatory methods to actively engage rights-holders in influencing,

designing and monitoring services delivery;

• Learning from and documenting experiences, and sharing these with other
practitioners so that practice can continually improve and evolve;

• Being honest about achievements, not over claiming success and recognizing that
there are many different forces at play, and other initiatives which influence
people’s reality. It is also important to be open about challenges and failures, which
can be great for learning and strengthening practice.
 Implementation
• Reflecting on and analyzing their context, drawing on local realities and
information accessed from partner organisations at national and
international levels;

• Developing strategic action plans, targeting individual, community and

local actions, based on in-depth analysis;

• Building partnerships, mobilizing others and developing networks;

• Researching and generating evidence (which can be used locally and

nationally);

• Communicating at local, national and international levels, through

written documentation, as well as using oral and visual media;

• Linking with government, media and other powerful actors.