What is the relation between human rights, rights-based approaches and education, justice and the environment? How do human rights perspectives influence approaches to social protection as a preventative, protective, promotive and transformative set of interventions?
Much of the literature concerning these links offers donor policy statements, guidance and advocacy papers arguing that a rights-based approach helps to enhance existing sectoral work and that the indivisibility or interdependence of rights demonstrates that cross-sectoral working is essential for the realisation of rights. Rights help to move beyond predominantly technical approaches, to recognise the need to address the wider political and social environment within which programmes occur. Rights often necessitate the use of new language or ways of thinking about how to make decisions and prioritise, with implications for policy formation.
The application of rights-based approaches in these sectors places an emphasis on social mobility, access, equity, equality of opportunity, the role of the state (or other institutions) in recognising human rights, and the role of citizens in demanding their rights be realised. However, recognising and demanding rights is only part of the story: it is essential that different actors possess an awareness of what the implications of human rights are within different sectors. A good example of where rights-based approaches can be realised is in social protection interventions, which are thought to encompass ‘transformative’ elements which challenge unequal power relations and lay the ground for equity in all service delivery sectors.
Page contents
Education
Tomasevski, K., 2004, ‘Manual on Rights-based Education: Global Human Rights Requirements Made Simple’, UNESCO, Bangkok
How can rights-based strategies be used for furthering the goal of Education for All (EFA) by 2015? This manual argues for mainstreaming human rights in education in order to contribute both to EFA and to the fulfilment of the right to education. It highlights the relevant human rights standards and how they could best be translated into education practice at the micro level. It also points to the key human rights questions that ought to be addressed at the macro level.
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Gauri, V., 2003, ‘Social Rights and Economics: Claims to Health Care and Education in Developing Countries’, Policy Research Working Paper 3006, World Bank, Washington
What are the foundations and uses of social rights in development? What are the differences and similarities between the rights approach to health care and education, and the economic approach? This article analyses both approaches and their policy consequences, and looks at the questions economics poses for rights approaches. It argues that there is considerable overlap between the two and that the differences are not irreconcilable.
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UNICEF. (2007). A human rights-based approach to education for all. A framework for the realization of children’s right to education and rights within education. New York: UNICEF.
This document brings together the current thinking and practice on human rights-based approaches in the education sector. It presents key issues and challenges in rights-based approaches and provides a framework for policy and programme development from the level of the school up to the national and international levels.
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The Right to Education project conducts research and provides access to information and resources on education rights, legal accountability, and social mobilisation.
Justice
UNDP, 2008, ‘Making the Law Work for Everyone’, Volume 1, Report of the Commission on Legal Empowerment of the Poor, United Nations Development Programme, New York
How can legal empowerment reduce poverty? This report explores the relationship between poverty and access to justice. Four billion people cannot better their lives because they are excluded from the rule of law, their work and assets insecure and unprotected. A renewed anti-poverty agenda is needed to include the majority of the world’s population in the systems of rights and obligations that foster prosperity.
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Tomasevski, K., 2005, ‘Strengthening Pro-poor Law: Legal Enforcement of Economic and Social Rights’, Human Rights and Poverty Reduction Background Paper, ODI, London
How can human rights legislation expose and oppose violations of economic and social rights? This paper looks at the key lessons that can be learnt from the relatively recent processes of human rights litigation worldwide. Importantly, the legal enforcement of human rights can support anti-poverty policies, since the poor are more victimised by violations of rights than the rich.
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Piron, L-H., 2005, ‘Donor Assistance to Justice Sector Reform in Africa: Living Up to the New Agenda?’ Justice Initiative, Open Society
Is donor assistance to promote justice sector reform grounded in an adequate and appropriate understanding of African realities? Does it complement or conflict with the new poverty reduction agenda? This paper outlines the history and current status of justice sector aid in sub-Saharan Africa. Justice sector aid could be a pro-poor, long term, developmental endeavour that contributes to the realisation of human rights, but only if key changes take place.
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Olsen, T., Payne, L. and Reiter, A., 2010, ‘The Justice Balance: When Transitional Justice Improves Human Rights and Democracy’, Human Rights Quarterly, vol. 32, no. 4, pp. 980-1007
Evidence from the Transitional Justice Data Base shows that specific combinations of mechanisms – (1) trials and amnesties, and (2) trials, amnesties and truth commissions – improve human rights and democracy. These findings suggest a ‘justice balance’ approach to transitional justice – that trials provide accountability and amnesties provide stability. Truth commissions alone have a negative impact on human rights and democracy, but contribute positively when combined with trials and amnesties.
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Prada, M. F. (2011). Empowering the poor through human rights litigation. Paris: UNESCO.
Following consultation with more than 200 NGOs worldwide, this manual aims to define the content of economic, social and cultural (ESC) rights and to empower the actions of NGOs working to tackle poverty. It elaborates standards for poverty eradication extracted from comparative case law by highlighting the interpretation techniques used by judges throughout a series of landmark cases on ESC rights around the world. It aims to support advocacy and training initiatives.
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Danish Institute for Human Rights. (2012). Informal justice systems: Charting a course for human rights-based engagement. UNDP, UNICEF and UN Women.
This study, based on a literature review and country case studies, seeks to identify how engagement with informal justice systems (IJS) can build greater respect and protection for human rights. The study also examines the value of informal justice systems in offering, in certain contexts, flexible structures and processes, cost-effectiveness and outreach to grassroots communities. Each kind of IJS is likely to have weaknesses and strengths for programming. Development partners need to be alert to engagement with informal justice systems that directly or inadvertently reinforce existing societal or structural discrimination.
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Brinks D. M. & Gauri, V. (2012). The law’s majestic equality? The distributive impact of litigating social and economic rights (Policy Research Working Paper 5999). Washington DC: World Bank.
Optimism about the use of laws, constitutions, and rights to achieve social change is high among practitioners. But the academic literature is sceptical that courts can direct resources toward the poor. Using data on social and economic rights cases in five countries, this paper finds that not all courts are the same. Countries and policy areas characterised by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts. The study finds that the more a system relies on litigation that is expected to have only individual effects, the more that litigation will centre on high-end state benefits rather than low-cost goods, and thus will be less progressive. Overall, however, the study finds that the results of litigation are more positive for the poor than conventional wisdom would suggest.
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The GSDRC’s topic guide on justice contains information related to human rights, particularly on its access to justice and transitional justice pages.
Social protection
Piron, L-H., 2004, ‘Rights-Based Approaches to Social Protection’, Overseas Development Institute, London.
What can rights based approaches (RBAs) offer to social protection agendas? This paper explores the relationship between human rights standards, principles and programming and policies and interventions for social protection in countries worldwide. RBAs offer normative standards and principles, analytical tools and operational guidance and there is a strong congruence between RBAs and social protection.
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Sabates-Wheeler, R. and Devereux, S., 2007, ‘Social Protection for Transformation’, IDS Bulletin, vol. 38, no. 3, pp.23-28
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Ginneken, W. V., 2009, ‘Social Security and the Socio-Economic Floor: Towards a Human Rights-based Approach’, Global Social Policy, vol. 9, no. 2, pp. 228-245
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Sepulveda Carmona, M., Nyst, C., & Hautala, H. (2012). The human rights approach to social protection. Ministry of Foreign Affairs of Finland.
The Special Rapporteur on Extreme Poverty and Human Rights provides a human rights framework for social protection, identifying best practices and disseminating lessons learned. Her approach applies the central human rights principles to the design, implementation, monitoring and evaluation of social protection systems. This publication synthesises the key findings and recommendations from the following reports of the Special Rapporteur to the UN Human Rights Council and General Assembly: 1) Human rights and cash transfer programmes; 2) The role of social protection in the face of the global financial crisis; 3) A human rights framework for non-contributory pensions; 4) The importance of social protection measures in achieving the MDGs, with a particular focus on gender-related concerns; and 5) The human rights approach to recovery from the global economic and financial crises.
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Cecchini, S., & Martínez, R. (2012). Inclusive social protection in Latin America: a comprehensive, rights-based approach. ECLAC.
This book identifies the scope and role of social protection in extremely unequal societies with a high incidence of persistent poverty. Social protection, seen from a rights-based perspective, is linked to the fight against inequality in a number of ways: it greatly reduces the probability of failing to cope with a contingent risk; it curbs the vicious circle of poverty and inequality by preventing families from mortgaging key assets for human development, such as health and education; and it facilitates the implementation of strategies for empowering the most vulnerable groups to cope with risk, particularly children, elderly people and women. The book concludes by providing a normative basis on which to build more just societies that guarantee to protect, as a public good, essential welfare standards.
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- The GSDRC’s Social Protection topic guide provides more detailed information on how social protection can facilitate the realisation of human rights within development.
Environment
An emerging topic of discussion and policy concern is how human rights are challenged by environmental problems. Climate change is threatening the realisation of internationally protected human rights, including the right to life and security; the right to food; the right to subsistence; and the right to health. Moreover, those most affected by climate change are individuals and groups whose rights protections are already precarious.
Raworth, K., 2008, ‘Climate Wrongs and Human Rights: Putting People at the Heart of Climate-Change Policy’, Oxfam Briefing Paper 117, Oxfam International, Oxford
What do human rights principles imply for states’ responsibilities in tackling climate change? What rights-based policy approaches and actions are needed? This paper argues that rich countries are violating the human rights of millions of the world’s poorest people by failing to tackle climate change. Excessive greenhouse-gas emissions cause climatic events which are set to undermine people’s rights to life, security, food, water, health, shelter, and culture on a massive scale. Human rights principles must be put at the heart of climate change policy-making and international legal mechanisms must adapt to global interconnectness in order to stop irreversible damage to humanity’s future.
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International Council on Human Rights Policy, 2008, ‘Climate Change and Human Rights: A Rough Guide’, Versoix, Geneva
How can human rights principles help to focus climate change policymaking? This report discusses the human rights impacts of climate change and maps research agendas. Climate change responses can be made more effective if policymakers include human rights thresholds (minimum acceptable levels of protection) when assessing future impacts of climate change and of adaptation and mitigation strategies.
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Cameron, E., 2011, ‘Development, Climate Change and Human Rights: From the Margins to the Mainstream?’, Social Development Working Paper 123, World Bank, Washington DC
What are the social and political implications of a discourse linking climate change and human rights? How is this discourse relevant for development practitioners? The human rights lens has rapidly emerged from obscurity to prominence and has succeeded in broadening the scope of climate change debate. This paper predicts that vulnerable groups worldwide will increasingly use arguments based on human rights to demand action. However, this discourse will need to adapt and demonstrate practical value for policymaking in order to achieve substantive outcomes.
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Bell, D. (2011). Does anthropogenic climate change violate human rights?. Critical Review of International Social and Political Philosophy, 14(2), 99-124.
A human rights perspective on climate change contrasts sharply with the dominant cost–benefit analysis approach. The human rights approach recognises human rights to life, physical security, subsistence and health that should be protected from violation by human action. If anthropogenic climate change threatens to violate these basic rights, each person has a duty to pay their fair share of the costs of preventing anthropogenic climate change. Moreover, climate policy will have a very different goal: protecting human rights rather than maximising welfare. Four objections to this argument are examined: the ‘future persons’ objection; the ‘risk’ objection; the ‘collective causation’ objection; and the ‘demandingness’ objection. This critical examination leads to a more detailed specification and defence of the claim that anthropogenic climate change violates human rights.
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- See also the Office of the High Commissioner on Human Rights report on human rights and climate change submitted to the General Assembly in 2009.
