Introduction to Civil and Political Rights Slides for the Foundation Course o...
Slides for unit 4 advocacy
1. Women, Law & Development International Chart # 4- 1
Role of Law in SocietyRole of Law in Society
Societies organize themselves in orderSocieties organize themselves in order
to develop, allocate, and utilizeto develop, allocate, and utilize
resources for the social and economicresources for the social and economic
benefit of their members.benefit of their members.
Law is the mechanism for regulatingLaw is the mechanism for regulating
economic, social, and political processeconomic, social, and political process
in society.in society.
2. Women, Law & Development International Chart # 4- 2
The Law regulates access toThe Law regulates access to
resources, i.e.,resources, i.e.,
economiceconomic (land, jobs, credit and other(land, jobs, credit and other
goods and services) andgoods and services) and
politicalpolitical (participation and power over(participation and power over
the allocation or administration ofthe allocation or administration of
economic and social resources).economic and social resources).
3. Women, Law & Development International Chart # 4- 3
How the law can fail us:How the law can fail us:
By the formulation of laws and policies that are aligned toward theBy the formulation of laws and policies that are aligned toward the
benefit of some and the burden of others;benefit of some and the burden of others;
By the arbitrary or selective application of laws or policies; andBy the arbitrary or selective application of laws or policies; and
By the attitudes and behaviours of people that promote or condoneBy the attitudes and behaviours of people that promote or condone
the existence of inequitable laws and uneven compliance .the existence of inequitable laws and uneven compliance .
4. Women, Law & Development International Chart # 4- 4
Examples of laws thatExamples of laws that
disadvantage women:disadvantage women:
laws (state or customary) that favor males in family matterslaws (state or customary) that favor males in family matters
(e.g., marriage, divorce, inheritance, parental authority)(e.g., marriage, divorce, inheritance, parental authority)
laws or law enforcement systems that victimize the victim oflaws or law enforcement systems that victimize the victim of
rape while treating the perpetrator with leniencyrape while treating the perpetrator with leniency
labor laws that fail to protect “women’s occupations”labor laws that fail to protect “women’s occupations”..
5. Women, Law & Development International Chart # 4- 5
Advocacy as a response:Advocacy as a response:
Advocacy is a political process designed to influence law andAdvocacy is a political process designed to influence law and
policy decisions at national and international levels.policy decisions at national and international levels.
Advocacy is citizen-initiated and aimed at changing theAdvocacy is citizen-initiated and aimed at changing the
interests/needs/ desires of citizens into definable policies,interests/needs/ desires of citizens into definable policies,
practices, or rights.practices, or rights.
6. Women, Law & Development International Chart # 4- 6
Components of the legal system:Components of the legal system:
Substance:Substance:
What theWhat the
law sayslaw says
Structure:Structure:
How the law isHow the law is
appliedapplied
Culture:Culture:
How peopleHow people
regard the lawregard the law
Laws
People
Institutions
7. Women, Law & Development International Chart # 4- 7
Dynamics of the the Legal SystemDynamics of the the Legal System
Substance of the lawSubstance of the law
Structure of the lawStructure of the law
Culture of the lawCulture of the law
•ConstitutionsConstitutions
•LegislationLegislation
•Administrative rulesAdministrative rules
•CourtsCourts
•Law EnforcementLaw Enforcement
•AdministrativeAdministrative
AgenciesAgencies
•Shared attitudes andShared attitudes and
behaviors about thebehaviors about the
law.law.
8. Women, Law & Development International Chart # 4- 8
Basis of Strategy: ProblemBasis of Strategy: Problem
AnalysisAnalysis
Substance of the lawSubstance of the law Structure of the lawStructure of the law
Culture of the lawCulture of the law
Where is the problem located?Where is the problem located?
Why is it a problem?Why is it a problem?
9. Women, Law & Development International Chart # 4- 9
Identifying the root of the problemIdentifying the root of the problem
Is the problem rooted in a discriminatory or unjustIs the problem rooted in a discriminatory or unjust
formulation of the law?formulation of the law? (Substance)(Substance)
Is the problem rooted in the arbitrary or inequitableIs the problem rooted in the arbitrary or inequitable
application of the law?application of the law? (Structure)(Structure)
Is the problem rooted in people’s acceptance or promotionIs the problem rooted in people’s acceptance or promotion
of unjust laws or application of the lawof unjust laws or application of the law (Culture).(Culture).
10. Women, Law & Development International Chart # 4- 10
Strategies and the Legal SystemStrategies and the Legal System
If the problem is rooted in theIf the problem is rooted in the
substance of the law,substance of the law, thethe
strategy will seek to change thestrategy will seek to change the
lawlaw
If the problem is rooted in theIf the problem is rooted in the
Culture of the law,Culture of the law, the strategythe strategy
will seek to change people andwill seek to change people and
how they behave.how they behave.
If the problem is rooted in theIf the problem is rooted in the
Structure of the law,Structure of the law, thethe
strategy will seek to changestrategy will seek to change
institutions and how they applyinstitutions and how they apply
the lawthe law
11. Women, Law & Development International Chart # 4- 11
Advocacy STRATEGIES AddressAdvocacy STRATEGIES Address
Failures of the System.Failures of the System.
At the level of Substance:At the level of Substance: what the law orwhat the law or
policy sayspolicy says
At the level of Structure:At the level of Structure: how state institutionshow state institutions
apply or enforce the lawapply or enforce the law
At the level of Culture:At the level of Culture: how people regard thehow people regard the
law.law.
12. Women, Law & Development International Chart # 4- 12
Characteristics of AdvocacyCharacteristics of Advocacy
Strategies:Strategies:
They use and/or challenge the lawThey use and/or challenge the law
They confront rights violations of inadequately defined rightsThey confront rights violations of inadequately defined rights
They confront limitations in the substance or the law, the structure ofThey confront limitations in the substance or the law, the structure of
the law and culture of the lawthe law and culture of the law
They employ formal legal methods and/or political methods.They employ formal legal methods and/or political methods.
13. Women, Law & Development International Chart # 4- 13
Human RightsHuman Rights Advocacy is aAdvocacy is a
process that:process that:
influences policy decisions at local,influences policy decisions at local,
national and international levels innational and international levels in
order to transform citizens’ interestsorder to transform citizens’ interests
into functional entitlements and rightsinto functional entitlements and rights
Uses political means andUses political means and
Uses human rights instruments andUses human rights instruments and
mechanismsmechanisms
14. Women, Law & Development International Chart # 4- 14
The Dynamics of Human Rights AdvocacyThe Dynamics of Human Rights Advocacy
Defines theDefines the
rightright
AssuresAssures
Enforcement ofEnforcement of
the rightthe right
GainsGains
Acceptance ofAcceptance of
the rightthe right
Substantive
level
Cultural/People level
Structural/institutional level
15. Women, Law & Development International Chart # 4- 15
11DefineDefine
22RecognizeRecognize
33EnforceEnforce
The Essence of Human Rights AdvocacyThe Essence of Human Rights Advocacy
16. Women, Law & Development International Chart # 4- 16
Women’sWomen’s Human Rights AdvocacyHuman Rights Advocacy
is a process thatis a process that
influences policy decisions at local,influences policy decisions at local,
national and international levels in ordernational and international levels in order
to transform women’s interests intoto transform women’s interests into
functional entitlements and rights andfunctional entitlements and rights and toto
assure respect for and protection ofassure respect for and protection of
women’s human rightswomen’s human rights
Uses political means andUses political means and
Uses human rights instruments andUses human rights instruments and
mechanismsmechanisms
17. Women, Law & Development International Chart # 4- 17
At the substantive level, Women’sAt the substantive level, Women’s
human rights advocacy:human rights advocacy:
Amplifies the definition andAmplifies the definition and
understanding of human rights and theirunderstanding of human rights and their
violations to include the rights andviolations to include the rights and
abuses of women.abuses of women.
18. Women, Law & Development International Chart # 4- 18
Defines theDefines the
rightright
AssuresAssures
Enforcement ofEnforcement of
the rightthe right
GainsGains
Acceptance ofAcceptance of
the rightthe right
Substantive
level
Cultural/People level
Structural/institutional level
19. Women, Law & Development International Chart # 4- 19
At the cultural level, Women’sAt the cultural level, Women’s
human rights advocacy:human rights advocacy:
Promotes understanding andPromotes understanding and
acceptance of women’s human rights.acceptance of women’s human rights.
20. Women, Law & Development International Chart # 4- 20
Defines theDefines the
rightright
AssuresAssures
Enforcement ofEnforcement of
the rightthe right
GainsGains
Acceptance ofAcceptance of
the rightthe right
Substantive
level
Cultural/People level
Structural/institutional level
21. Women, Law & Development International Chart # 4- 21
At the structural level, Women’sAt the structural level, Women’s
human rights advocacy:human rights advocacy:
Expands the scope of stateExpands the scope of state
responsibility for the protection ofresponsibility for the protection of
women’s human rights in both thewomen’s human rights in both the
public and private spherespublic and private spheres
Enhances the effectiveness of theEnhances the effectiveness of the
human rights system at both nationalhuman rights system at both national
and international levels in enforcingand international levels in enforcing
women’s rights and holding abuserswomen’s rights and holding abusers
accountableaccountable
22. Women, Law & Development International Chart # 4- 22
Defines theDefines the
rightright
AssuresAssures
Enforcement ofEnforcement of
the rightthe right
GainsGains
Acceptance ofAcceptance of
the rightthe right
Substantive
level
Cultural/People level
Structural/institutional level
23. Women, Law & Development International Chart # 4- 23
11 22 33
““Name” theName” the
human right.human right.
Assure the right’sAssure the right’s
Enjoyment.Enjoyment.
Gain acceptance of theGain acceptance of the
right by inclusion in laws,right by inclusion in laws,
constitutions, conventions,constitutions, conventions,
etc.etc.
Research &Research &
Fact FindingFact Finding
to:to:
Define nature ofDefine nature of
the right and/orthe right and/or
Identify itsIdentify its
violations and/orviolations and/or
Show the rightShow the right
has been violatedhas been violated
Human Rights AdvocacyHuman Rights Advocacy
Goals & MethodsGoals & MethodsGoalsGoalsMethodsMethods
Political action toPolitical action to
gain support for thegain support for the
new understandingnew understanding
of the right throughof the right through
Public educationPublic education
Constituency buildingConstituency building
LobbyingLobbying
Mobilization.Mobilization.
Monitoring andMonitoring and
“litigation” to:“litigation” to:
Hold state accountableHold state accountable
for violationsfor violations
Seek redress forSeek redress for
victims,victims,
Assure that the systemAssure that the system
“works.”“works.”
24. Women, Law & Development International Chart # 4- 24
1. Leadership1. Leadership
♦Ability to initiateAbility to initiate
advocacy effortadvocacy effort
♦Ability to inspire andAbility to inspire and
attract interestattract interest
♦Ability to manage processAbility to manage process
♦Ability to mobilize supportAbility to mobilize support
25. Women, Law & Development International Chart # 4- 25
2. Clear
analysisanalysis
♦Clarity about theClarity about the
problem (research)problem (research)
♦Understanding ofUnderstanding of
the context politicalthe context political
& legal& legal
26. Women, Law & Development International Chart # 4- 26
3.3.
STRATEGYSTRATEGY
♦Clear objectivesClear objectives
♦Clear demandsClear demands
♦Clear targetsClear targets
♦Activities plannedActivities planned
♦Schedule madeSchedule made
27. Women, Law & Development International Chart # 4- 27
4. Communication4. Communication
♦Message reachesMessage reaches
publicpublic
♦Message reachesMessage reaches
policy makerspolicy makers
28. Women, Law & Development International Chart # 4- 28
5. Mobilization5. Mobilization
♦Plan implementedPlan implemented
♦Interested/affectedInterested/affected
groups take action togroups take action to
affect changeaffect change
29. Women, Law & Development International Chart # 4- 29
GoalGoal
LeadershipLeadership
StrategyStrategy
AnalysisAnalysis
Women, Law & Development International
CommunicationCommunication
The Advocacy Process in ActionThe Advocacy Process in Action
Achievement of
MobilizationMobilization
30. Women, Law & Development International Chart # 4- 30
Steps in Designing the StrategySteps in Designing the Strategy
Choosing the ProblemChoosing the Problem
Analyzing the ProblemAnalyzing the Problem
Defining OutcomesDefining Outcomes
Designing the StrategyDesigning the Strategy
Writing the PlanWriting the Plan
Assessing the StrategyAssessing the Strategy
31. Women, Law & Development International Chart # 4- 31
Choosing the ProblemChoosing the Problem
Is it a problem that deserves attention?Is it a problem that deserves attention?
Does it have human rights content?Does it have human rights content?
What change can occur?What change can occur?
Is it a compelling issue?Is it a compelling issue?
32. Women, Law & Development International Chart # 4- 32
Analyzing the ProblemAnalyzing the Problem
What is the right involved in the selectedWhat is the right involved in the selected
problem?problem?
How is this right being violated?How is this right being violated?
Who is the violator?Who is the violator?
What is the role of the state?What is the role of the state?
Can it be solved at the national level or canCan it be solved at the national level or can
an international mechanism be appropriate?an international mechanism be appropriate?
What is the role of advocates and what willWhat is the role of advocates and what will
you be able to do?you be able to do?
33. Women, Law & Development International Chart # 4- 33
Defining OutcomesDefining Outcomes
What does the group want to achieve inWhat does the group want to achieve in
taking on this issue?taking on this issue?
What is the desired outcome from theWhat is the desired outcome from the
strategy?strategy?
What are the measures of success?What are the measures of success?
34. Women, Law & Development International Chart # 4- 34
Designing the StrategyDesigning the Strategy
What kind a sequence of actions must takeWhat kind a sequence of actions must take
place to achieve the desired outcome?place to achieve the desired outcome?
What obstacles will have to be overcome?What obstacles will have to be overcome?
Who are the potential allies, opponents,Who are the potential allies, opponents,
supporters?supporters?
Who has the power to make the changeWho has the power to make the change
happen?happen?
(Answer the “who,” “what,” “when,” “where,”(Answer the “who,” “what,” “when,” “where,”
and “how” of action in this step.and “how” of action in this step.
35. Women, Law & Development International Chart # 4- 35
Writing the PlanWriting the Plan
Describe:Describe:
The problem you will work onThe problem you will work on
The people or groups who will collaborate on itThe people or groups who will collaborate on it
The outcomes that will be achievedThe outcomes that will be achieved
Demands to be placed on the government, if anyDemands to be placed on the government, if any
A plan of action covering the list and sequence ofA plan of action covering the list and sequence of
actions to be takenactions to be taken
Target audiences and how you will engage themTarget audiences and how you will engage them
Special considerations and resources neededSpecial considerations and resources needed
36. Women, Law & Development International Chart # 4- 36
Assessing the StrategyAssessing the Strategy
This is an ongoing task of returningThis is an ongoing task of returning
again and again to reconsider what hasagain and again to reconsider what has
been done, whether the strategy isbeen done, whether the strategy is
working, and what changes need to beworking, and what changes need to be
made.made.