Human rights

 

Rights and private sector, growth, labour, PFMA and information

This section provides a selection of resources that explore the links between human rights, right-based approaches and a selection of sectors and themes. They include donor guidance and policy statements, academic research, and advocacy papers. Many of these documents aim to show how a rights-based approach helps to enhance existing sectoral work. The indivisibility or interdependence of rights also demonstrates that cross-sectoral working is essential for realising 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.

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Private sector

The United Nations Human Rights Council endorsed in June 2008 a policy framework for business and human rights, based on three key principles: the state’s duty to protect against human rights abuses by third parties, including business; the responsibility of corporations to respect human rights; and the need for victims of corporate-related human rights abuses to have easier access to more effective remedies.

The following collective report documents alleged corporate-related abuses of human rights and highlights gaps in the protection of human rights in the business context.

Manzella, L. and Lusiani, N., 2008, ‘Collective Report on Business and Human Rights: Submission to the 8th Session of the United Nations Human Rights Council’, International Network for Economic, Social and Cultural Rights (ESCR-net), Corporate Accountability Working Group, New York
How do businesses abuse human rights, and what must be done to prevent such abuses? This report from the International Network for Economic, Social and Cultural Rights draws on case studies from around the world. It concludes that direct or indirect violation of all types of human rights by companies is widespread and occurs across many different political systems and industries. Effective redress and accountability procedures at national, regional and international levels are needed to ensure that businesses, governments and the international community meet their obligations in this area.
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Human rights approaches and private sector development have traditionally been viewed by donors as separate issues. It is only recently that donors have begun to consider how to integrate human rights into their support for the private sector.  The following paper examines the evolution of rights-based approaches to private sector development. 

Gibb, H., Foster, J. and Weston, A., 2008, ‘Human Rights and Private Sector Development: A Discussion Paper’, North-South Institute, Ottawa
How can development organisations integrate a rights-based approach (RBA) into private sector development (PSD) initiatives? While RBAs have historically been part of the good governance agenda, donor agencies have recently been exploring the possibilities for integrating human rights into economic development. This study by The North-South Institute suggests that future research needs to bring together the experiences of donor agencies, financial institutions and NGOs who have attempted to integrate rights with PSD. The role of the state and of transnational corporations in rights-based PSD needs to be more clearly defined.
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  • Read more on business and human rights from Eldis.

Growth and investment

The following paper argues that although the language and approaches differ between rights-based approaches and economic policies, there is substantial common ground.

McKay, A. and Vizard, P., 2005, 'Rights and Economic Growth: Inevitable Conflict or 'Common Ground?', ODI, London
Is there a conflict between rights and economics? Are freedoms and rights in tension with growth and the optimal allocation of resources? This paper, by the Overseas Development Institute, argues that there are significant complementarities between economic growth and rights in terms of poverty reduction objectives. 
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This paper charts Amartya Sen's contributions to both economic theory and human rights, based in part on his ability to show how insights from each area enrich the other.

Overseas Development Institute, 2001, 'Economic Theory, Freedom and Human Rights: The Work of Amartya Sen', ODI Briefing Paper.
What are the central tenets of the work of the Nobel Prize winning economist Professor Amartya Sen? How have these changed development approaches? This review, by the Overseas Development Institute (ODI), shows how his work has contributed to important paradigm shifts in economics and development. There has been a move away from approaches that focus exclusively on income, growth and utility, with an increased emphasis on individual entitlements, capabilities, freedoms and rights.
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Labour rights

The following short briefing paper argues that supporting workers' rights can enhance economic growth.

Bivens, J. and Weller, C., 2003, 'Rights Make Might: Ensuring Workers' Rights as a Strategy for Economic Growth', Economic Policy Institute, Washington, D.C.
Can workers’ rights promote economic growth and stability? This paper from the Economic Policy Institute outlines the economic case for implementing the International Labour Organisation’s five core labour standards (CLS). It argues that enforcing worker rights results in higher economic growth and a better distribution of income.
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This DFID publication proposes an international agenda for promoting labour rights, including increasing collaboration with workers' movements.

Department for International Development, 2004, 'Labour Standards and Poverty Reduction', 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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Public financial management and accountability

Legal entitlements need to be translated into government policy priorities, with appropriate resource allocations, if rights are to be realised. The following paper argues that combining a rights perspective with a sound understanding of the technical and political aspects of public expenditure management can help enhance pro-poor public policy.

Norton, A. and Elson, D. 2002, 'What's Behind the Budget? Politics, Rights and Accountability in the Budget Process', Overseas Development Institute, London.
This paper contributes to evolving a wider understanding of PEM and is part of a programme of work to progress the Department for International Development's (DFID) human rights strategy. It looks at the ways in which a rights-based approach can advance pro-poor and gender-equitable outcomes in the budget process and support citizen accountability; and identifies partners, tools and methods that may help achieve these goals.
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Gender budget analysis breaks down government budgets to see how they respond to the different needs of women, men, boys and girls. Gender-sensitive budgeting enables links to be made between human rights instruments, government spending and actual outcomes.

Budlender, D., 2004, 'Budgeting to Fulfill International Gender and Human Rights Commitments', UNIFEM Zimbabwe
How can national budgets be monitored to assess their contribution to fulfilling international gender and human rights commitments? As part of its ongoing work supporting the gender analysis of budgets in Southern Africa, the United Nations Development Fund for Women (UNIFEM) has designed a tool to support this process. It illustrates how various international instruments aimed at achieving gender equality can be used to evaluate gender responsive budgets (GRBs).
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Corruption remains a key challenge in public administration throughout the world.  The following report argues that if corruption is shown to violate human rights, this could galvanise the support of decision makers and the general public for anti-corruption policies and programmes. 

ICHRP and Transparency International, 2009, ‘Corruption and Human Rights: Making the Connection’, International Council on Human Rights Policy, Versoix, Switzerland
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 Information

The right to information is protected in international, regional and national human rights instruments.  This legally guaranteed access to information has enabled people to participate in governance and empowered them to push for the protection of other human rights.

The following book discusses the benefits of the right to information and provides a series of case studies from around the world that demonstrate how people have used this right to demand the realisation of a range of human rights.  It also provides cases of where the lack of information has contributed to ongoing human rights violations.

Daruwala, M. and Nayak, V. (eds), 2007, ‘Our Rights, Our Information: Empowering People to Demand Rights through Knowledge’, Commonwealth Human Rights Initiative
Why is the right to information important? How can it be used, and how can it be effectively implemented by governments? This Commonwealth Human Rights Initiative report provides case studies to show that information empowers people to demand adherence to the whole range of their human rights. By establishing the right to information in domestic law and by setting up public information systems, governments can enhance citizens' participation in governance, advance equitable economic development, reduce poverty and fight corruption.
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