Human rights

Human rights - overview

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Contemporary discussions about human rights and their role in international development are born out of a vast philosophical tradition which cuts across a number of disciplines such as law, anthropology, politics, sociology and theology. An understanding of how and why human rights approaches can be applied to international develop requires an appreciation of these theoretical underpinnings. ‘Human rights’ can understood from a number of perspectives: as natural entitlements which are beyond dispute and accord with ‘natural’ or ‘moral’ law; as a deliberative concept arising out of societal agreement which attempts to establish mutual-co-existence; as a way of redressing injustices and changing the status quo through protest, and; as a concept which only exists discursively, i.e. at the level of analytical discussion.

Dembour, M.B., 2010, ‘What Are Human Rights? Four Schools of Thought’, Human Rights Quarterly, vol. 32, no. 1, pp. 1-20
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Rights, poverty and development

On what conceptual ground do human rights lie? How is the link between human rights and development assistance established and maintained? In particular, there have been attempts to place human rights at the centre of poverty reduction. This has been translated into support for the participation of the poor in their development (for instance in the formulation of Poverty Reduction Strategy Papers), as well as an articulation of poverty-related deprivations in terms of human rights violations. There are however different types of human rights, which have been seen as competing. A popular argument is that civil and political (CP) rights should be prioritised over economic, social and cultural (ESC) rights. This can cause problems, for it places the state at the centre of the human rights discourse, when in many instances it is not viable for human rights to be upheld by a state either due to their transnational nature or the capacity of state institutions. It also relegates basic socioeconomic needs that rights-holders may consider most pressing as secondary considerations.

Hunt, P., Nowak, M. and Osmani, S., 2003, 'Human Rights and Poverty Reduction: A Conceptual Framework', Office of the High Commissioner for Human Rights, Geneva
What is a human rights approach to poverty reduction? This paper is part of the UN's efforts to integrate human rights into its work. It argues that attention to human rights helps to ensure that the concerns of poor people are central to the formulation of Poverty Reduction Strategies (PRSs).
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Shue, H., 2003, 'Global Accountability: Transnational Duties Towards Economic Rights', in Jean-Marc Coicaud et al. (eds), 2003, The Globalization of Human Rights, United Nations University Press, Tokyo, pp. 160-177
Do transnational duties towards human rights exist? If it is agreed that a child has a right to food, whose duty is it to fulfil that right? This chapter argues that the wealthy do have a responsibility to the poor. Indeed, they bear more transnational duties toward economic rights than is currently understood. There are chains of responsibility towards the fulfilment of economic rights, and we all have a role in this chain.
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Amartya Sen's ground-breaking conceptual work on freedoms and capabilities sheds light on the moral and political reasoning behind rights. Both rights and entitlements to capabilities are understood as having a mutually-reinforcing relationship which enriches the lives and freedoms of people. However, the concept of universally-applicable human rights is problematic and has been met with criticism for imposing normative standards upon distinct cultures. While it is suggested that cultural differences erode the applicability of human rights, one counter argument suggests that human rights must be culturally legitimate by being adequately tailored to different contexts.

Sen, A., 2000, 'Human Rights and Human Development', Chapter One in the Human Development Report 2000, UNDP
Are the concepts of human rights and human development similar enough to be complementary? Are they diverse enough to enrich each other? Amartya Sen argues that human rights and development are indeed mutually compatible. He shows that the promotion of human development and the fulfilment of human rights share a common motivation: enriching the lives and freedoms of ordinary people. The combination of the two perspectives gives us something that neither can provide alone.
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Sen, A., 2005, 'Human Rights and Capabilities', Journal of Human Development, vol. 6, no. 2
Can human rights be understood as entitlements to capabilities? Should an overarching list of capabilities be compiled? How can we ascertain the content of human rights and capabilities when values diverge so much across borders and communities? This article discusses the relationship between human rights and capabilities and seeks to answer these questions. It argues that neither of these two concepts should be subsumed within the other.
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UNFPA, 2008, ‘Negotiating Culture; Building Support for Human Rights’, chapter 2 in The State of World Population 2008: Reaching Common Ground: Culture, Gender and Human Rights, United Nations Population Fund
How can support for human rights be enhanced within local cultures? This chapter suggests that human rights can become ingrained through 'cultural legitimacy'. Culturally sensitive approaches cannot promise immediate and predictable results, but they can provide effective tools for understanding the relationships between human rights and cultures and tackling oppression. Changes fundamental to human development, which require full realisation of human rights, depend on serious and respectful engagement with cultures.
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The 'right to development' forms part of international United Nations policy documents adopted with a majority vote from member states. But it is contested. It is opposed by certain governments, and it does not form part of international law. It has generally received little attention in the policy and practice of governments and development agencies.

Additional information

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UK Government human rights policy commitments

The UK Government's human rights policies are based on the Universal Declaration on Human Rights. This is the most widely accepted definition of human rights, encompassing civil and political as well as economic, social and cultural rights, all sharing the principles of universality and indivisibility. Its principles have subsequently been developed in a range of international human rights instruments, some of which have been accepted by most states, others not. Two key areas where the UK Government is taking an explicit rights approach are labour standards and HIV and AIDS. DFID's (2000) policy on human rights involves empowering people to make decisions about their own lives in order to achieve poverty reduction and the Millennium Development Goals.

Human rights are promoted through the following principles: promoting participation in decision-making processes, building socially inclusive societies, and strengthening institutions and policies to ensure that states and other duty-bearers fulfil their obligations to protect and promote the realisation of rights.

Piron, L. and Watkins, F., 2004, 'DFID Human Rights Review: A Review of How DFID has Integrated Human Rights into its Work', ODI, London
What lessons can be learned from the UK Department for International Development (DFID)’s human rights work in a range of sectors and initiatives, particularly at the country level? How can human rights make a contribution to poverty reduction? This paper documents DFID’s human rights activities in a number of domains. It is designed to serve as a reference document, and contains a number of practical recommendations.
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O’Neil, T., Foresti, M., Braunholtz, T., and Sharma, B., 2007, ‘DFID’s Human Rights Policy: Scoping Study’, Overseas Development Institute (ODI), London
This scoping study examines the policy framework for DFID's work on human rights. Its review of DFID policy in relation to eight specific human rights finds that human rights are systematically integrated into DFID's policy and practice, but that the extent to which they are incorporated into sectoral policy is variable. A twin-track approach to integration is needed that both clarifies policy and supports its effective implementation.
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Department for International Development, 2004, 'Labour Standards and Poverty Reduction', Issues Paper, DFID, London
How can labour standards contribute to poverty reduction? This paper, written by the UK Department for International Development (DFID), focuses on the nature and impact of labour standards in developing countries. Effective and well-judged implementation of labour standards can play an important role in reducing global poverty and achieving the Millennium Development Goals (MDGs). A commitment to core labour standards is part of a broader rights-based approach to poverty reduction.
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Department for International Development, 2004, 'Taking Action: The UK's Strategy for Tackling HIV and AIDS in the Developing World', DFID, London
HIV and AIDS pose a serious threat to eradicating poverty and meeting the Millennium Development Goals. On World AIDS Day in 2003, the UK Prime Minister called for stronger international action to tackle the epidemic and to meet global targets. This document sets out in detail the British government’s strategy for tackling HIV and AIDS around the world.
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However, the role of human rights conditionality in development assistance is a difficult issue, including the question of how to deal with human rights violations by partner governments. The UK Government’s approach offers a cross-departmental perspective between the Foreign and Commonwealth Office (FCO) and DFID which moves away from imposing policy conditions on recipient country governments. However, the UK Government offers support to country development planning in their poverty reduction plans.

UK Government, 2005, 'Partnerships for Poverty Reduction: Rethinking Conditionality. A UK Policy Paper', DFID, FCO and HM Treasury, UK Government, London
In recent years the UK has been moving away from traditional approaches to conditionality. This paper sets out the current UK government's position on effective aid partnerships. Produced jointly by the Department for International Development (DFID), HM Treasury and the Foreign and Commonwealth Office, it is based on a broad range of international experience and evidence. While good policy matters for development, it has proven ineffective for donors to impose policies on developing country governments. Donors should support countries to decide what policies should be included in poverty reduction plans.
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The Foreign and Commonwealth Office uses a human rights approach to underpin its sustainable development work. In 2008 the FCO's Human Rights, Democracy and Governance Group (HRDGG) produced a strategy to outline the priorities and goals for the FCO in this area between 2008 toand 2011.

Foreign and Commonwealth Office, 2008, 'Human Rights and Democracy Strategic Programme Fund. Programme Strategy 2008-2011' , Foreign and Commonwealth Office, London
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Additional Information Resources

• UK Government Foreign and Commonwealth Office
  The FCO has developed a set of pages on human rights, as one of its international policy priorities. These pages provide an online introduction to human rights, including thematic issues, key multilateral organisations and instruments, and UK Government policy.

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