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THE HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT
André Frankovits

1Introduction

2The rights-based approach

3Analysis

4Accountability

5Human rights objectives

6Implementation

7Monitoring

8Evaluation

9Resources

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1. Introduction

Since the early 1990s development agencies have been using the term “rights-based approach to development” in devising and implementing their projects. More recently most government, UN-affiliated agencies and many NGOs have adopted the approach as their official policy. The approach bases itself on the international human rights framework and takes account of the linkages between human rights and development, of the accountability of the state for the realization of all human rights, of the empowerment of communities to demand their rights, of the participation of these communities in decisions that affect their development, and of the principle of non-discrimination that is essential to sustainable development.

A rights-based approach to development integrates the norms, standards and principles of the international human rights framework into the plans, policies and processes of development. The goal, as stated in the 1986 UN Declaration on the Right to Development, is the constant improvement of the well-being of the entire population of a country and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits of development.

This is by no means accepted by more traditional development professionals and by the international financial institutions whose concept of development is firmly and almost exclusively based on economic growth, with the underlying assumption being that economic growth will inevitably be able to put an end to poverty, disadvantage and marginalization. The increasing gap between rich and poor, the forcible silencing of voices calling for justice and equity, and the persistence of poverty in both the developed and developing world have seriously undermined this argument

An often heard claim from the staff of development agencies is that their activities automatically already target people’s economic, social and cultural rights while civil and political rights should remain the responsibility of human rights and political organizations. Yet it is most often when people voice their demands over the conditions of their lives that the greatest repression occurs, thus demonstrating the interdependence and indivisibility of human rights.

Indeed, the agencies’ claim that they already address economic, social and cultural rights gives moral support to those governments that have been arguing that these rights must be realized before freedom of speech and assembly and other civil and political rights can be granted. In fact, many of the government proponents of this claim are found to violate both sets of rights by focusing almost exclusively on economic matters including the rule of the market.

2. The rights-based approach

The rights-based approach starts off from the idea that the denial of human rights is both the cause and the outcome of poverty and marginalization. It is by basing policies, plans and actions on the human rights framework as codified under international law that poverty and disadvantage can be reduced and eventually eradicated. But policies, plans and actions by governments are not sufficient if they are merely imposed from above. To ensure the sustainability of development interventions not only must people be involved in the decisions that affect their lives and be given access to the means to realize their rights, they must also become aware of their legal rights in order to be able to hold the duty bearers accountable. This is the sense in which the rights-based approach speaks of “meaningful participation”.

In order to establish clear human rights objectives, the first step is to identify the human rights shortcomings facing the poor and disadvantaged so that in collaboration with them it becomes possible to design plans of action for the short, mid and long-term. The success and effectiveness of development interventions can then be measured against the human rights objectives and if necessary complaints may be lodged to the appropriate mechanisms.

3. Analysis

It is essential that advocates focusing on development be as familiar with the legal status, normative standards and core contents of economic, social and cultural rights as they are with those of civil and political rights. They must familiarize themselves

  • with the precise legal obligations of states,
  • with the avenues for complaints available to them and to the communities they work in, and
  • with the sources of information that can enable them to engage in effective advocacy.

This calls for a human rights situational analysis that examines the state of realization of all the rights in the International Bill of Rights. It is through such an analysis that human rights advocates can set clear and achievable objectives, that they can establish benchmarks to measure their efforts by, and that they can work out the best means by which to implement their objectives.

The analysis should look at

  • the state obligations to respect, to protect and to fulfil each right
  • discrimination in policy and practice
  • the priorities of those who are discriminated against
  • the space available to bring about change

Information for the analysis comes from many sources. The human rights commitments of governments can be found in the national Constitution and the laws of the land as well in the reports of the various ministries including, importantly, their budgets. Governments that are party to the human rights treaties will have tabled their periodic reports and these reflect the commitments that governments have acknowledged publicly to the treaty bodies. The latter will also have made ‘concluding observations’ that provide guidance to overcome shortcomings.

The human rights analysis enables the establishment of clear and achievable human rights objectives. These objectives might range from

  • lobbying to legislate or repeal laws that impact on the realization of specific human rights
  • working for the abolition of administrative practices that discriminate against certain sectors of society
  • supporting the prosecution of companies that violate the rights of their workers
  • providing information to institutions responsible for investigating human rights violations
  • advocacy targeting the providers of development assistance
  • working with communities to demand specific entitlements from local authorities
  • campaigning for the allocation of resources to the realization of specific rights

A comprehensive human rights analysis also enables the setting of relevant measures of success in achieving human rights objectives. These will address not only overall quantitative trends – for example, the number of people living below the poverty line – but disaggregated for gender and disadvantage; not only quantitative trends, but qualitative improvements through measuring the space for the voices of those whose rights are most denied to be heard at home and abroad.

4. Accountability

One of the main new feature of the human rights-based approach is its focus on the accountability of the duty bearers. It is governments – national, regional, local – who have the duty to respect, protect and fulfil human rights. When they willfully fail to do so they are in breach of international law. The challenge for human rights advocates is to identify mechanisms by which this accountability can be assured and methods to be used so that, not only can governments be brought to account, but also that they take steps to meet their obligations for the realization of human rights for all.

Mechanisms of accountability fall into two broad categories: domestic and international. However, in many countries the courts are neither fair or impartial and the other instruments of state are misused for the benefit of ruling elites. Even in these cases, reference to existing commitments made by governments provide a powerful tool for advocacy both within the country and without.

The instruments of state that should provide a means to hold governments accountable vary from country to country but generally include

  • the Constitution of the country
  • Laws and by-laws protecting civil, cultural, economic, political and social rights
  • Laws and by-laws protecting the rights of women and children
  • Laws and by-laws outlawing racial discrimination
  • Laws and by-laws protecting the rights of workers
  • National human rights institutions including ombudsmen
  • Freedom of information legislation
  • International treaties ratified by the Government
  • Reports to the Treaty Bodies and the Special Procedures of the UN
  • Statements by the Government at UN forums

In many cases information about these instruments and institutions and how they work is not widely publicized by the Government and now widely known within vulnerable sections of society. National media is rarely familiar with the commitments made by governments at international forums or with the content of international treaties. Part of the accountability process is concerned with publicizing these commitments among the general public and especially among those whose rights are most denied. Care should be taken in all cases to ensure that the security and integrity of the human rights advocates is safeguarded at all times.

At the international level, governments that provide development assistance – either for specific projects, as budget support or through multilateral agencies – are also bound by the obligations to respect, protect and fulfil human rights. Human rights advocates should ensure that they are familiar with the human rights policies of donors and ensure that pressure is maintained on these donors to to meet their human rights obligations by applying the human rights-based approach to development.

The first table below shows how for each right (for example, the right to food, the right to health and so on) one way of presenting in visual form the outcome of a human rights analysis. The table could also incorporate under the legislative and administrative regimes such factors as discrimination, lack of access, resources available or committed, and others that would enhance the accuracy of the analysis. The degree of meaningful participation is not only about consultation but about the nature and possible impact on the decision-making process of those whose lives are affected. It also deals with the capability of individuals and communities to realize their own well-being.

Table 1 - Human rights analysis for each right

National level / Provincial level / Local level / Family level
Legislative regime
Administrative regime
Enforcement and complaints mechanisms
Resources available (policy priorities)
Degree of meaningful participation

There are two advantages in presenting the findings of the analysis in this way. The first is that it allows an accurate picture that enables the establishment of human rights objectives. The second, equally important, is that it allows the identification of measures of success in the realization of the objectives.

5. Human rights objectives

The human rights analysis will have revealed the shortcomings in the realization of each specific right and the measure to which the government has not met its obligations to respect, to protect and to fulfil each of the rights in the International Covenants. The analysis will have identified the most vulnerable groups and thus the priorities for advocacy and action.

The human rights approach requires action by governments since it is these that are the principle duty bearers in the realization of rights. However, while human rights NGOs have a different role from development NGOs in their practical day to day activities, the human rights approach calls on both to build the capacity of vulnerable groups to better demand their rights and to play a role in holding the duty bearers accountable. The large international development NGOs have in the main accepted the human rights approach; Save the Children and CARE have developed programmes of implementation. These NGOs have recognized that service delivery is not enough and that they have a role in advocacy and in empowering communities by sensitizing them to their legal entitlements.

For small development NGOs, their activities in service delivery will take up a major part of their time. Yet it is only through the human rights approach that they can ensure long term sustainability of their project and achieve what ought to be their long term objective of no longer being required. Human rights NGOs also need to adopt a more holistic view so that vulnerable groups can enjoy the minimum standards called for in the human rights approach. Both types of NGOs need to balance the demands placed on their time and resources by the immediacy of calls for their help and the long term effectiveness of their endeavours. One essential need is to prioritize the identified human rights objectives.

It is useful to list all of the objectives derived from the analysis. In Table 2 below, two columns appear under each level, “immediate” and “long term”. It will be even more helpful if more detailed time frames are included to enable a progressive plan of implementation. Immediate objectives are well known to human rights NGOs: stop the torture of a detainee now or release a political prisoner immediately. In the realm of economic, social and cultural rights emergencies also occur: provide shelter to a destitute child, feed a starving orphan, provide medical service to a seriously ill pregnant woman.

The table shows the different categories of objectives – these are of course not exhaustive and each context will throw up added categories. In this example, the categories are

  • amendment, repeal and/or the formulation of new laws to protect specific rights
  • changes in the practice of public officials that affect the realization of rights (this could be discriminatory regulations, exclusion of certain sectors from access to services and so on)
  • the creation or improvement of existing institutions such as appeal courts, human rights commission or other institutions overseeing the performance of governments
  • changes in policies and budgetary allocations either for affirmative action or to provide basic services to those who are most deprived
  • the creation of institutions and institutional arrangements so that communities can identify their needs, are able to access basic services and are able to voice their demands unhindered by government obstruction or fear of others.

Table 2 - Human rights objectives for each right

National level / Provincial level / Local level / Family level
Immediate / Long-term / Immediate / Long-term / Immediate / Long-term / Immediate / Long-term
Legislative regime
Administrative regime
Enforcement and complaints mechanisms
Resources available (policy priorities)
Increased participation

It is impossible for any single NGO to work simultaneously on all the human rights issues present in its respective country. Indeed, in the realm of economic, social and cultural rights, the International Covenant recognizes that human rights can only be realized “progressively” (see Article 2). This means that while the government is obligated to take action immediately, it realistically will not be in a position to meet all of its obligations simultaneously. Obstacles to the full realization of rights will arise from resource constraints, lack of capacity, institutional challenges or infrastructure. The government must therefore make choices based on a few basic principles. The same applies to NGOs applying the human rights-based approach.

Adherence to the human rights mandate

A good understanding of the content of the human rights instruments will ensure that the organization does not stray from its mandate. The time taken to increase the human rights knowledge within the organization is time well spent and will enhance focus and performance. A good understanding should help clarify where the different institutions should take the lead responsibility for resolution of particular issues.

A focus on those whose rights are most denied

The human rights analysis will identify the most vulnerable groups in society. The rights-based approach requires priority to be given to these groups. There are bound to be complications and conflicts about deciding on this category. This leads to a third important principle:

The rights holders need to identify their own priorities

It is easy for human rights advocates to fall into the trap of thinking that their expertise is reason enough to make decisions for others. The rights-based approach demands that the claims holders identify their own priorities and that these guide the support from NGOs.

In a complex society dealing with different groups with differing interests it is not an easy task to make choices. It is time-consuming and requires patience and understanding. It also requires a dedication to raising the awareness of vulnerable groups that they are the holders of rights and that they are entitled to enjoy these rights without fear of discrimination and abuse. Only by empowering vulnerable groups to claim their rights is the sustainability of the NGO endeavour ensured.