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ANNEX B

                         THE HUMAN RIGHTS-
                         BASED APPROACH
                         Statement of Common Understanding


                         Secretary-General Kofi A. Annan has called on            international human rights instruments
                         all agencies of the United Nations to main-              guide all development cooperation and pro-
                         stream human rights into their activities and            gramming in all sectors and in all phases of
                         programmes within the framework of their                 the programming process.
                         respective mandates. A number of them have
                         adopted such an approach and gained experi-           Human rights principles guide programming in
                         ence in its implementation, and are now work-         all sectors, such as health, education, governance,
                         ing on a common understanding of what this            nutrition, water and sanitation, HIV/AIDS,
                         means.                                                employment and labour relations and social
                                                                               and economic security. This includes all devel-
                         Statement of Common                                   opment cooperation directed towards the
                         Understanding*                                        achievement of the Millennium Development
                                                                               Goals and the Millennium Declaration. Con-
                         1. All programmes of development coopera-             sequently, human rights standards and princi-
                            tion, policies and technical assistance            ples guide both the Common Country
                            should further the realization of human            Assessment and the UN Development
                            rights as laid down in the Universal               Assistance Framework.
                            Declaration of Human Rights and other
                            international human rights instruments.            Human rights principles guide all programming
                                                                               in all phases of the programming process,
                         A set of programme activities that only inciden-      including assessment and analysis, programme
                         tally contributes to the realization of human         planning and design (including setting goals,
                         rights does not necessarily constitute a human        objectives and strategies); implementation,
                         rights-based approach to programming, where           monitoring and evaluation.
                         the aim of all activities is to contribute directly
                         to the realization of one or several human            Among these human rights principles are:
© UN/DPI Photo/203105C




                         rights.                                               universality and inalienability; indivisibility;
                                                                               interdependence and interrelatedness; non-
                         2. Human rights standards contained in, and           discrimination and equality; participation
                            principles derived from, the Universal             and inclusion; accountability and the rule
                            Declaration of Human Rights and other              of law.



                                                                                      THE STATE OF THE WORLD’S CHILDREN 2004      91
Human rights are universal and inalienable.        3. Programmes of development cooperation
     All people in the world are entitled to them.         contribute to the development of the
     They cannot voluntarily be given up, nor can          capacities of duty-bearers to meet their
     others take them away. As stated in Article 1         obligations and of rights-holders to claim
     of the Universal Declaration of Human Rights,         their rights.
     “All human beings are born free and equal
     in dignity and rights.”                            In a human rights-based approach, human
                                                        rights determine the relationship between indi-
     Human rights are indivisible. Whether of a         viduals and groups with valid claims (rights-
     civil, cultural, economic, political or social     holders) and State and non-state actors with
     nature, they are all inherent to the dignity of    correlative obligations (duty-bearers). It identi-
     every person. Consequently, they all have          fies rights-holders and their entitlements and
     equal status as rights, and can not be ranked      corresponding duty-bearers and their obliga-
     in a hierarchical order.                           tions, and works towards strengthening the
                                                        capacities of rights-holders to make their
     Human rights are interdependent and inter-         claims, and of duty-bearers to meet their
     related. The realization of one right often        obligations.
     depends, wholly or in part, upon the realiza-
     tion of others. For instance, realization of
                                                        Implications of a human rights-based
     the right to health may depend, in certain
                                                        approach
     circumstances, on realization of the right
     to education or information.                       The application of good programming practices
                                                        does not by itself constitute a human rights-
     All individuals are equal as human beings          based approach, which requires additional
     and by virtue of the inherent dignity of each      elements.
     person. All human beings are entitled to
     their human rights without discrimination of       The following elements are necessary,
     any kind, such as race, colour, sex, ethnicity,    specific and unique to a human rights-
     age, language, religion, political or other        based approach:
     opinion, national or social origin, disability,
     property, birth or other status as explained       a) Assessment and analysis identify the human
     by the human rights treaty bodies.                    rights claims of rights-holders and the
                                                           corresponding human rights obligations
     Every person and all peoples are entitled to          of duty-bearers, as well as the immediate,
     active, free and meaningful participation in,         underlying, and structural causes when
     contribution to, and enjoyment of civil,              rights are not realized.
     economic, social, cultural and political
     development in which human rights and              b) Programmes assess the capacity of rights-
     fundamental freedoms can be realized.                 holders to claim their rights, and of duty-
                                                           bearers to fulfill their obligations. They then
     States and other duty-bearers are answerable for      develop strategies to build these capacities.
     the observance of human rights. In this regard,
     they have to comply with the legal norms and       c) Programmes monitor and evaluate both
     standards enshrined in human rights instruments.      outcomes and processes guided by human
     Where they fail to do so, aggrieved rights-           rights standards and principles.
     holders are entitled to institute proceedings
     for appropriate redress before a competent         d) Programming is informed by the recom-
     court or other adjudicator in accordance with         mendations of international human rights
     the rules and procedures provided by law.             bodies and mechanisms.



92        ANNEX B
In addition, it is essential that

1.     People are recognized as key actors in their
       own development, rather than passive
       recipients of commodities and services.

2.     Participation is both a means and a goal.

3.     Strategies are empowering.

4.     Both outcomes and processes are moni-
       tored and evaluated.

 5. Analysis includes all stakeholders.

 6. Programmes focus on marginalized, disad-
    vantaged, and excluded groups.

 7. The development process is locally owned.

 8. Programmes aim to reduce disparity.

 9. Both top-down and bottom-up approaches
    are used in synergy.

10. Situation analysis is used to identify imme-
    diate, underlying, and basic causes of
    development problems.

11. Measurable goals and targets are impor-
    tant in programming.

12. Strategic partnerships are developed and
    sustained.

13. Programmes support accountability to all
    stakeholders.


*Developed at the Inter-Agency Workshop on a human rights-based approach
 in the context of UN reform, 3 to 5 May 2003.




                                                                           THE STATE OF THE WORLD’S CHILDREN 2004   93

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The Human Rights Based Approach Of The UN

  • 1. ANNEX B THE HUMAN RIGHTS- BASED APPROACH Statement of Common Understanding Secretary-General Kofi A. Annan has called on international human rights instruments all agencies of the United Nations to main- guide all development cooperation and pro- stream human rights into their activities and gramming in all sectors and in all phases of programmes within the framework of their the programming process. respective mandates. A number of them have adopted such an approach and gained experi- Human rights principles guide programming in ence in its implementation, and are now work- all sectors, such as health, education, governance, ing on a common understanding of what this nutrition, water and sanitation, HIV/AIDS, means. employment and labour relations and social and economic security. This includes all devel- Statement of Common opment cooperation directed towards the Understanding* achievement of the Millennium Development Goals and the Millennium Declaration. Con- 1. All programmes of development coopera- sequently, human rights standards and princi- tion, policies and technical assistance ples guide both the Common Country should further the realization of human Assessment and the UN Development rights as laid down in the Universal Assistance Framework. Declaration of Human Rights and other international human rights instruments. Human rights principles guide all programming in all phases of the programming process, A set of programme activities that only inciden- including assessment and analysis, programme tally contributes to the realization of human planning and design (including setting goals, rights does not necessarily constitute a human objectives and strategies); implementation, rights-based approach to programming, where monitoring and evaluation. the aim of all activities is to contribute directly to the realization of one or several human Among these human rights principles are: © UN/DPI Photo/203105C rights. universality and inalienability; indivisibility; interdependence and interrelatedness; non- 2. Human rights standards contained in, and discrimination and equality; participation principles derived from, the Universal and inclusion; accountability and the rule Declaration of Human Rights and other of law. THE STATE OF THE WORLD’S CHILDREN 2004 91
  • 2. Human rights are universal and inalienable. 3. Programmes of development cooperation All people in the world are entitled to them. contribute to the development of the They cannot voluntarily be given up, nor can capacities of duty-bearers to meet their others take them away. As stated in Article 1 obligations and of rights-holders to claim of the Universal Declaration of Human Rights, their rights. “All human beings are born free and equal in dignity and rights.” In a human rights-based approach, human rights determine the relationship between indi- Human rights are indivisible. Whether of a viduals and groups with valid claims (rights- civil, cultural, economic, political or social holders) and State and non-state actors with nature, they are all inherent to the dignity of correlative obligations (duty-bearers). It identi- every person. Consequently, they all have fies rights-holders and their entitlements and equal status as rights, and can not be ranked corresponding duty-bearers and their obliga- in a hierarchical order. tions, and works towards strengthening the capacities of rights-holders to make their Human rights are interdependent and inter- claims, and of duty-bearers to meet their related. The realization of one right often obligations. depends, wholly or in part, upon the realiza- tion of others. For instance, realization of Implications of a human rights-based the right to health may depend, in certain approach circumstances, on realization of the right to education or information. The application of good programming practices does not by itself constitute a human rights- All individuals are equal as human beings based approach, which requires additional and by virtue of the inherent dignity of each elements. person. All human beings are entitled to their human rights without discrimination of The following elements are necessary, any kind, such as race, colour, sex, ethnicity, specific and unique to a human rights- age, language, religion, political or other based approach: opinion, national or social origin, disability, property, birth or other status as explained a) Assessment and analysis identify the human by the human rights treaty bodies. rights claims of rights-holders and the corresponding human rights obligations Every person and all peoples are entitled to of duty-bearers, as well as the immediate, active, free and meaningful participation in, underlying, and structural causes when contribution to, and enjoyment of civil, rights are not realized. economic, social, cultural and political development in which human rights and b) Programmes assess the capacity of rights- fundamental freedoms can be realized. holders to claim their rights, and of duty- bearers to fulfill their obligations. They then States and other duty-bearers are answerable for develop strategies to build these capacities. the observance of human rights. In this regard, they have to comply with the legal norms and c) Programmes monitor and evaluate both standards enshrined in human rights instruments. outcomes and processes guided by human Where they fail to do so, aggrieved rights- rights standards and principles. holders are entitled to institute proceedings for appropriate redress before a competent d) Programming is informed by the recom- court or other adjudicator in accordance with mendations of international human rights the rules and procedures provided by law. bodies and mechanisms. 92 ANNEX B
  • 3. In addition, it is essential that 1. People are recognized as key actors in their own development, rather than passive recipients of commodities and services. 2. Participation is both a means and a goal. 3. Strategies are empowering. 4. Both outcomes and processes are moni- tored and evaluated. 5. Analysis includes all stakeholders. 6. Programmes focus on marginalized, disad- vantaged, and excluded groups. 7. The development process is locally owned. 8. Programmes aim to reduce disparity. 9. Both top-down and bottom-up approaches are used in synergy. 10. Situation analysis is used to identify imme- diate, underlying, and basic causes of development problems. 11. Measurable goals and targets are impor- tant in programming. 12. Strategic partnerships are developed and sustained. 13. Programmes support accountability to all stakeholders. *Developed at the Inter-Agency Workshop on a human rights-based approach in the context of UN reform, 3 to 5 May 2003. THE STATE OF THE WORLD’S CHILDREN 2004 93