Human rights

Rights and education, justice, social protection and the environment

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 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
Justice
Social protection
Environment

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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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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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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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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