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Right Based Perspective

Right Based Perspective

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Right based approach Right based approach Presentation Transcript

  • Right-Based Perspective ALL HUMAN BEINGS ARE BORN FREE AND EQUAL IN DIGNITY AND RIGHTS
  • Social W ork “The social work profession promotes social change, problem solving in human relationships and the empowerment and liberation of people to enhance well-being. Utilising theories of human behaviour and social systems, social work intervenes at the points where people interact with their environments. Principles of human rights and social justice are fundamental to social work. ” (IFSW and IASSW 2001)
  • Are rights denied /protected in action in the following situations ? Mandatory HIV testing of seafarers Mandatory semestral pregnancy test for female students Banning smoking in public places Shouting at children Closure of a municipal health center without consultation with the communities View slide
  • Are rights denied /protected in action in the following situations ? Rescuing trafficked girls from slaverylike conditions Putting a ceiling to the right to profit of a company Workers going on strike View slide
  • Definition of HR “those basic standards without which people cannot life in dignity as human beings.” “ Human are the foundation of freedom, justice and peace. Their respect allows the individual and the community to fully develop.”
  • Aim of HR education: Build a culture of HR  “ strengthen respect for human rights and fundamental freedoms  value human dignity and develop individual self-respect and respect for others  develop attitudes and behaviours that will lead to respect for the rights of others  capacitate people towards more active citizenship  ensure genuine gender equality and equal opportunities for women and men in all spheres  promote respect, understanding and appreciation of diversity, particularly towards different national, ethnic, religious, linguistic and other minorities and communities  promote democracy, development, social justice, communal harmony, solidarity and friendship among people and nations” Source: Manual on HR Education for Children
  • Criteria for making a claim for human rights (HR) (Jim Ife)  “realisation of the claimed right is necessary for a person or group to …achieve their full humanity in common with others;”
  • Criteria…  “the claimed right is either seen as applying to all of humanity and is something that the person or group claiming the right wishes to apply to all people anywhere OR as applying to people from specific disadvantaged or marginalised groups for whom realisation of that right is essential to their achieving of their full human potential.” (Jim Ife)
  • Criteria…  Existence of a substantial universal consensus about the legitimacy of the claimed right across cultures (Jim Ife)
  • Human right principles universality Inalienability Indivisibility Interdependence Interrelatedness; Non-discrimination Equality Participation Inclusion Accountability Rule of law
  • Universality, inalienability All people have human rights. Human rights cannot be taken away or voluntarily given up.
  • Indivisibility  “ Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every person. Consequently, they all have equal status as rights, and can not be ranked in a hierarchical order.” (Unicef)
  • Interdependence and interrelatedness  “The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the right to education or information.” (Unicef)
  • Participation “Active, free and meaningful participation in,contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized.” (Unicef)
  • Accountability and rule of law  States and other duty-bearers are responsible for the observance of human rights. They should comply with the legal norms and standards contained in human rights instruments. Failure to do so entitles aggrieved rights holders to initiate proceedings for the necessary redress before the appropriate court /adjudicators based on legal rules and procedures.
  • Principle of State Obligation  Requires any States party to: > prevent discrimination > prohibit discrimination > identify and redress > impose sanctions against discriminating acts Periodic reporting to the appropriate UN Committee every 4 years
  • Examples of state obligations Article 16 of CEDAW provides that the State should ensure: The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
  • State obligations  The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount  The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation  The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
  • Three generations of HR  First Generation (Civil and Political Rights) started in the 18th Century; deal mainly with liberty; meant to protect the individual against state interference  Right to vote  Right to assemble  Right to free speech  Right to a fair trial  Right to freedom from torture, abuse  Right to protection of the law
  • 1st generation of HR  First contained in the 1948 Universal Declaration of Human Rights  Negative rights bec they are “rights       fro m  certain things, e.g. freedoms from abuse or coercion” vs. positive rights which are “the rights or guarantees    to  certain things”
  • Second generation…  Second Generation (Economic, Social and Cultural Rights) 19th century answer to mass poverty in wake of industrial revolution; related to EQUALITY  Right to education  Right to housing  Right to health  Right to employment  Right to an adequate income  Right to social security
  • 2nd generation of HR  Mainly positive rights that set standards  Prohibit government from denying access to the rights;  Entitle individuals to get protection from state if third parties interfere with rights;  Require states to take measures to improve overall social situation
  • Third generations…  Third Generation (Collective Rights) First articulated in second half of the 20th Century Except for the African Charter on Human and People's Rights, have not been incorporated into human rights treaties yet  Right to economic development  Right to prosperity  Right to benefit from economic growth  Right to social harmony  Right to a healthy environment, clean air and water, etc.
  • Declaration on the Right to Development  Adopted by the UN Gen. Assembly Resolution 41/128, Dec. 4, 1986.  Article 1  1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.
  • Art.1 2. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources.
  • Art. 2 1. The human person is the central subject of development and should be the active participant and beneficiary of the right to development…. 2. All human beings have a responsibility for development, individually and collectively…
  • Art. 3 3. States have the duty to co-operate with each other in ensuring development and eliminating obstacles to development. States should realize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest and cooperation among all States, as well as to encourage the observance and realization of human rights.
  • 3rd generation of HR   Focus: Fraternity  Rights of solidarity  Coverage: group and collective rights: the right to self-determination, to economic and social development, and to participate in the common heritage of mankind.
  • Rights-based perspective and Approach  Founded on the conviction that all human beings are holders of rights.  A right requires a government to respect, promote, protect and fulfill it.  “The legal and normative character of rights and the associated governmental obligations are based on international human rights treaties and other standards, as well as on national constitutional human rights provisions.”
  • UN agencies: “A human rights-based approach entails consciously and systematically paying attention to human rights and rights principles in all aspects of programming work. OR A human rights-based approach is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights.
  • W does a "rights approach” mean? hat  ….clearly understanding the difference between a right and a need.   A right is something to which I am entitled solely by virtue of being a person. … that which enables me to live with dignity.  ….a right can be enforced before the government and entails an obligation on the part of the government to honor it.
  • Human Rights- Based Approach (HRBA) Principles of HRBA Conceptual shifts in adopting the HRBA Reference to human rights from “answering needs” to “enabling the realization of rights”(civic, political, social, cultural, economical rights)
  • Human Rights- Based Approach (HRBA) HRBA PRINCIPLE Empowerment CONCEPTUAL SHIFTS from “beneficiary” (charity) to “citizen”/”rightholder” (power)
  • Human Rights- Based Approach (HRBA) HRBA PRINCIPLE CONCEPTUAL SHIFT  Participation from “consultation” to “active, free and meaningful participation” and ownership
  • Rights-based Perspective and Approach HRBA Principle CONCEPTUAL SHIFT  Accountability from “provider” to “duty-bearer”
  • Rights-based Perspective and Approach “A process of enabling and empowering those not enjoying their ESC rights To claim their rights.” “When individuals … cannot exercise what they understand and believe to be their right, …..encourage and help them to claim the right through judicial and administrative channels or, where an established mechanism does not exist, by other means such as public demonstrations. The process of staking a claim not only asserts an individual’s own­ership of his or her entitlement. It also helps define the right and raises awareness that what has been claimed is not a privilege or an aspiration, but a right.”
  • Differentiating between “rights” and “needs” ….clearly understanding the difference between a right and a need. A right is something to which I am entitled solely by virtue of being a person. … that which enables me to live with dignity. ….a right can be enforced before the government and entails an obligation on the part of the government to honor it.
  • Differentiating between “rights” and “needs” “A need….is an aspiration which can be quite legitimate, but is not necessarily associated with an obligation on the part of the government to cater to it; satisfaction of a need cannot be enforced. Rights are associated with "being,” whereas needs are associated with "having.” ” (Ligia Bolivar, human rights activist)
  • Elements of a rights-based approach A.Assessment and analysis: > “identify the HR claims of rights holders and the corresponding human rights obligations of duty-bearers, as well as the immediate, underlying, and structural causes when rights are not realized.” (Unicef) B. The capacity of rightsholders to claim their rights and of duty bearers to fulfil their obligations is assessed by programme. Based on the results, the appropriate strategies to develop capacites are identified.
  • Elements … C) Monitoring and evaluation are done for both processes and outcomes, and are based on HR standards and principles. d) “Programming is informed by the recommendations of international human rights bodies and mechanisms.” (Unicef)
  • Elements …  Stress on capacity building of both duty bearers and rights holders.
  • Magna Carta of W omen (R.A. 9710): Chapter 3 Rights and Empowerment Sec. 8 Human rights of women Sec. 9 Protection from violence “Agencies of government shall give priority to the defense and protection of women against gender-based offenses and help women attain justice and healing.”
  • Example of a measure to protect the rights of women © All government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act. (Magna Carta of Women)
  • Measures (d) All local government units shall establish a Violence Against Women’s Desk in every barangay to ensure that violence against women cases are fully addressed in a genderresponsive manner.
  • “ In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment…”(Magna Carta of Women)
  • Discrimination against Women “ any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” (Art. 1, CEDAW )
  • Discrimination against women “It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.” (Magna Carta of Women, Sec.3b)