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Good Governance Practices for the Protection of Human Rights

Author: Katia Papagianni
Date: 2007
Size: 94 pages (1.75MB)

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Summary

How can governance reforms contribute to the protection of human rights? How are governance and human rights linked in the areas of democratic institutions, state service delivery, the rule of law and anti-corruption measures? This publication from the Office of the United Nations Commissioner for Human Rights uses 21 case studies from around the world to show how governance interventions by a range of social and institutional actors can implement human rights principles. Good governance and human rights are mutually reinforcing. 

Human rights implementation requires an ‘enabling environment’ provided by good governance, and good governance is informed by human rights principles. These principles provide values to guide policy and implementation, as well as performance standards to improve accountability. Further connections between governance and human rights include:

• Rights-led reforms of democratic institutions create avenues for the public to participate in policymaking through formal institutions or informal consultations. They enhance inclusion and encourage communities to express opinions.
• Governance reforms advance human rights when they improve the state’s capacity to provide public services which are essential for the protection of human rights, such as education, health and food.
• Rights-sensitive good governance initiatives reform legislation and help institutions to implement it effectively.
• A human rights approach can bolster anti-corruption measures such as establishing anti-corruption commissions, enhancing information-sharing, and monitoring the use of public funds.

National legal frameworks compatible with human rights principles, plus public participation and diverse social partnerships, are essential for the protection of human rights. Partnerships may include national and provincial governments, local authorities, the media, non-state actors, and civil society, for example. Public participation can be enhanced by public hearings, advisory boards or formal consultative bodies. Further lessons emerging from the case studies are:

• Negotiation and consensus-building contribute to the transformation of social and legal practices for the protection of human rights and enhance sustainability.
• Access to information and transparency in policy-making and implementation contribute to the protection of human rights, and public education and awareness-raising strengthen efforts to reform social and legal practices.
• Strengthening accountability of public officials is an important contributor to human rights protection. This can be achieved through legislation, institutional checks and balances, systems providing redress following violations, and training.
• Addressing inequalities requires a focus on the marginalised and vulnerable. The inclusion and representation of marginalised groups in policy-making fosters culturally sensitive policies.
• Efforts to protect and promote human rights can be implemented in insecure environments and are essential components of the transition from conflict to peace. In Albania, for example, a transparent and participatory constitution-making process took place in the midst of conflict, leading to a new constitution with strong human rights guarantees.

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Source: OHCHR, 2007, 'Good Governance Practices for the Protection of Human Rights', Office of the High Commissioner for Human Rights, New York and Geneva