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Rights - based approach
> What is a rights-based approach?
A rights-based
approach is a conceptual framework that uses established
international human rights standards as a common
conceptual framework for fostering the process
of human development. This approach endeavours
to work towards the protection and realization
of human rights for all persons, regardless of
age, gender, class, caste, religion, etc. While
it operates as a vision, it is also a set of tools:
human rights can function as the means, the ends,
the mechanism of evaluation and the central focus
of sustainable human development. While a rights-based
approach facilitates the process of NGOs, communities
and individuals to lobby the government and other
actors to guarantee access to certain rights,
it also turns transforms people from passive recipients
of aid to active holders of rights and freedoms.
A rights-based approach changes the type of
development work that NGOs do. Experience in development
has taught NGOs that it is not sufficient to treat
people as passive recipients of aid or charity,
but rather they must be empowered with the conditions
to realize their rights. For example, when NGOs
distribute food to communities, this is not merely
a handout from the organization because the right
to adequate food is a fundamental right of every
human being.
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Rights
- based approach > What are human rights conventions?
Various international human rights conventions,
such as the International Covenant on Civil and
Political Rights (ICCPR) and the Convention on
the Forms of all Forms of Discrimination Against
Women (CEDAW), embody various rights which countries
are expected to hold up and guarantee to their
citizens if they are signatory to the convention.
These conventions cover a vast range of indivisible
and interrelated civil, cultural, economic, political
and social rights. In addition, these conventions
add legal force to development work by requiring
a development framework that mirrors internationally
guaranteed rights as set out in these conventions. |
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Rights
- based approach > Principles of a rights-based approach
Universality, equality
and non-discrimination: human rights are
founded on the notion that each and every human
being, by virtue of being human is a holder of
rights. In particular, this approach prioritizes
the most vulnerable, marginalized and excluded.
Accountability:
increases the levels of accountability in the
development process by identifying claim-holders
(and their entitlements) and corresponding duty-holders
(and their responsibilities).
Empowerment:
focuses on strategies for empowerment instead
of charitable, welfare responses. The beneficiaries
are seen as the owners of rights and the directors
of development so that people are able to exercise
the power, capacities, capabilities and access
needed to change their own lives, improve their
own communities and influence their own destinies.
Participation:
participation by all stakeholders, including communities,
civil society, minorities, women and others at
every stage of the development process, is an
essential principle, and a right in itself. This
requires accessibility to the development process,
as well as active and meaningful involvement by
all stakeholders.
Indivisibility and Interdependence:
All rights are of equal importance. Therefore,
rights cannot be addressed separately and nor
can one right work to the disadvantage of another.
Instead, rights must be seen as operating to support
each other. For example, the right to education
helps to ensure the right to political participation,
and the right to an adequate standard of living
cannot be addressed in isolation from the right
to clean water.
Rule of law:
rights are protected through international and/or
national laws, which ensures that everyone is
subject to these rights and that these rights
are enforceable by impartial and independent legal
processes.
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Rights
- based approach > How can a rights-based approach
be used in development?
| There is no one single method
for implementing a rights-based approach, because
it is a set of tools that can be applied in various
strategic and creative ways. Following are some
of the many ways that a rights-based approach
can be used to ensure the well-being and dignity
of people everywhere.
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Because a rights-based approach requires
governments to prioritise their resources
in accordance with stated human rights principles
and obligations, women’s groups, and
other civil society groups, can demand that
governments provide adequate resources to
meet these commitments. For example, advocacy
campaigns may compel governments to meet their
commitments to gender equity and the right
to health through the establishment of a comprehensive
women’s healthcare program.
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Civil society groups, donors and government
organizations can use a rights-based approach
to challenge international trade and investment
bodies, such as the WTO and IMF, to integrate
the human rights framework into their economic
models.
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Development agencies can apply a rights-based
approach to their programs by identifying
the relevant rights that are involved in the
situation or problem they are targeting. The
design and implementation of a project would
then build in steps towards the fulfilment
of these rights, adhering to the fundamental
principles, such as ensuring that those impacted
by the project are involved at every stage.
For example, a rights-based approach to the
issue of trafficking requires shifting the
focus from viewing trafficked persons as passive
victims who must be rescued and rehabilitated
to trafficked persons as active bearers of
rights who must be empowered and enabled to
claim their rights to gender equity, safe
migration, education, etc.
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International conventions provide important
tools for advancing treatment and prevention
methods for HIV/AIDS by compelling governments
to ensure the conditions under which people
can be healthy. Governments, therefore, become
obligated to conduct research on new treatment
and prevention methods.
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Rights
- based approach > Human rights conventions signed
by Nepal
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Universal Declaration of Human Rights (UDHR)
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International Covenant on Civil and Political
Rights (ICCPR)
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International Covenant on Economic, Social
and Cultural Rights (ICESC)
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Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW)
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International Convention on the Elimination
of All Forms of Racial Discrimination
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