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OUR APPROACH: RIGHTS-BASED
APPROACH |
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A rights-based
approach to development is a conceptual framework for the process of
human development that is normatively based on international human
rights standards and operationally directed to promoting and protecting
human rights. Essentially, a rights-based approach integrates the norms,
standards and principles of the international human rights system into
the plans, policies and processes of development. The norms and
standards are those contained in the wealth of international treaties
and declarations.
Why does BRD adopt the
rights-based approach to development? This is because poverty most often
stems from the denial of human rights – through discrimination,
marginalization or unequal access to education, health or resources –
and those living in poverty are often more easily subjected to further
human rights violations. By adopting the rights-based approach, it
ensures that rights are not compromised for development and that both
are promoted in all BRD’s development projects.
The principles of
rights-based approach include equality and equity, accountability,
empowerment and participation. It includes the following elements:
Express linkage to rights
Accountability
Empowerment
Participation
Non-discrimination and Attention to vulnerable groups
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Express linkage to rights |
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The definition of the
objectives of development in terms of particular rights - as legally
enforceable entitlements - is an essential ingredient of human rights
approaches, as is the creation of express normative links to
international, regional and national human rights instruments.
Rights-based
approaches are comprehensive in their consideration of the full range of
indivisible, interdependent and interrelated rights: civil, cultural,
economic, political and social. This calls for a development framework
with sectors that mirror internationally guaranteed rights, thus
covering, for example, health, education, housing, justice
administration, personal security and political participation.
By definition, these
approaches are incompatible with development policies, projects or
activities that have the effect of violating rights, and they permit no
"trade-offs" between development and rights. |
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Accountability |
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Rights-based
approaches focus on raising levels of accountability in the development
process by identifying claim-holders (and their entitlements) and
corresponding duty-holders (and their obligations). In this regard, they
look both at the positive obligations of duty-holders (to protect,
promote and provide) and at their negative obligations (to abstain from
violations). They take into account the duties of the full range of
relevant actors, including individuals, States, local organizations and
authorities, private companies, aid donors and international
institutions.
Such approaches also
provide for the development of adequate laws, policies, institutions,
administrative procedures and practices, and mechanisms of redress and
accountability that can deliver on entitlements, respond to denial and
violations, and ensure accountability. They call for the translation of
universal standards into locally determined benchmarks for measuring
progress and enhancing accountability.
For all human rights,
States must have both the political will and the means to ensure their
realization, and they must put in place the necessary legislative,
administrative, and institutional mechanisms required to achieve that
aim.
Under the
International Covenant on Economic, Social and Cultural Rights
States are required to take immediate steps for the progressive
realization of the rights concerned, so that a failure to take the
necessary steps, or any retrogression, will flag a breach of the State’s
duties.
Under the
International Covenant on Civil and Political Rights, States are
bound to respect the rights concerned, to ensure respect for them and to
take the necessary steps to put them into effect. Some rights claimed in
some jurisdictions may not be justifiable before a court, but all rights
must be enforceable.
While primary
responsibility under the human rights system lies with individual
States, the international community is also duty bound to provide
effective international cooperation, inter alia in response to shortages
of resources and capacities in developing countries. |
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Empowerment |
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Rights-based
approaches also give preference to strategies for empowerment over
charitable responses. They focus on beneficiaries as the owners of
rights and the directors of development, and emphasize the human person
as the centre of the development process (directly, through their
advocates and through organizations of civil society).
The goal is to give
people the power, capacities, capabilities and access needed to change
their own lives, improve their own communities and influence their own
destinies. |
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Participation |
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Rights-based
approaches require a high degree of participation, including from
communities, civil society, minorities, indigenous peoples, women and
others. According to the UN Declaration on the Right to Development,
such participation must be "active, free and meaningful" so that mere
formal or "ceremonial" contacts with beneficiaries are not sufficient.
Rights-based
approaches give due attention to issues of accessibility, including
access to development processes, institutions, information and redress
or complaints mechanisms. This also means situating development project
mechanisms in proximity to partners and beneficiaries. Such approaches
necessarily opt for process-based development methodologies and
techniques, rather than externally conceived "quick fixes" and imported
technical models. |
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Non-discrimination and attention to vulnerable groups |
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The human rights
imperative of rights based approaches means that particular attention is
given to discrimination, equality, equity and vulnerable groups. These
groups include women, minorities, indigenous peoples and prisoners, but
there is no universal checklist of who is most vulnerable in every given
context. Rather, rights-based approaches require that such questions be
answered locally: who is vulnerable here and now? Development data needs
to be disaggregated, as far as possible, by race, religion, ethnicity,
language, sex and other categories of human rights concern.
An important aspect of
rights-based approaches is the incorporation of express safeguards in
development instruments to protect against threats to the rights and
well-being of prisoners, minorities, migrants and other often
domestically marginalized groups.
Furthermore, all
development decisions, policies and initiatives, while seeking to
empower local participants, are also expressly required to guard against
simply reinforcing existing power imbalances between, for example, women
and men, landowners and peasants, and workers and employers. |
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