Human rights

Rights and sectors (part 1)

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.

Page contents

Education

This manual provides a guide to the relevant treaties, summarises the progress of various national strategies, and outlines how and why to link strategies to the legal framework.

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 by the United Nations Education, Scientific and Cultural Organisation (UNESCO) strives to mainstream human rights in education in order to contribute to 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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Education is an important issue in this ILO report on tackling child labour.

ILO, 2002, 'A Future Without Child Labour: Global Report Under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work', International Labour Office, Geneva
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This paper reviews economic and rights-based approaches to health and education provision, weighing up each perspective and arguing that there are potential synergies between the two.

Gauri, V., 2003, 'Social Rights and Economics: Claims to Health Care and Education in Developing Countries', World Development, vol. 32 no. 3
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 published in World Development 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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Growth & 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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Health

The following document is a concise introduction to how human rights and equity perspectives can support efforts to tackle the interrelated areas of poverty and ill health.

Braveman, P., and Gruskin, S., 2003, 'Poverty, Equity, Human Rights and Health', Bulletin of the World Health Organisation, vol. 81, no. 7
How do poverty, equity and human rights relate to health? This study, by the University of California, suggests that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions’ work. Equity and human rights perspectives can contribute to health institutions’ efforts to tackle poverty and health. Focusing on poverty is essential to operationalising those commitments.
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This paper explores in more detail how a rights approach can enhance the responsiveness of health systems to patients.

Gostin, L. et al., 2003, 'The Domains of Health Responsiveness: A Human Rights Analysis', Health and Human Rights Working Paper Series, No.2, World Health Organisation, Geneva
How do poverty, equity and human rights relate to health? This study, by the University of California, suggests that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions’ work. Equity and human rights perspectives can contribute to health institutions’ efforts to tackle poverty and health. Focusing on poverty is essential to operationalising those commitments.
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The following two papers focus on maternal mortality. The first is a practical guidance note on how a rights-based approach can accelerate existing public health and health systems approaches to reducing maternal mortality rates. The second is a desk review providing further analysis and evidence.

Department for International Development, 2005, 'How to Reduce Maternal Deaths: Rights and Responsibilities', How to Note, DFID, London
How can a rights-based approach enhance programmes to reduce maternal death? This note by the UK Department for International Development shows how a rights-based approach adds value to public health and health systems approaches. It argues that reducing maternal deaths is not a purely technical action but one that challenges the political and social status quo and requires actions within and beyond the health sector.
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Hawkins, K. et al., 2005, 'Developing a Human Rights-Based Approach to Addressing Maternal Mortality. Desk Review', DFID Health Resource Centre
Can a rights-based approach reduce maternal mortality? Can its focus on equity improve health outcomes for poor women? This review, by the UK Department for International Development (DFID), argues that rights-based approaches can add impetus to reducing maternal mortality. It argues that policy actors in government and civil society should find ways of addressing the economic, social, cultural and political forces that prevent poor women from asserting their right to maternal health.
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HIV and AIDS

A rights-based approach to children affected by HIV and AIDS addresses not only physical health, but education, psychosocial well-being, and inheritance rights, among other areas.

Grainger, C. et al., 2001, 'Children Affected by HIV/AIDS: Rights and Responses in the Developing World', Save the Children-UK, London
What is the situation of children affected by HIV/AIDS who live in poor countries? This Save the Children UK working paper tackles this question, and analyses the responses of households, communities, programming organisations, governments and donors. Generations of children are growing up in Africa whose rights are being challenged by HIV/AIDS, and whose capacity to develop as adults is being curtailed. The paper emphasises the importance of improved monitoring and evaluation, and dissemination of lessons learned. It also recommends that agencies adopt a rights-based approach that mobilises communities and provides economic support through micro-finance.
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The following paper outlines the relationship between human rights violations and HIV and AIDS. It suggests approaches for protecting rights and reducing stigma and discrimination, providing case studies for each method.

Aggleton, P. et al, 2005, 'HIV-related Stigma, Discrimination and Human Rights Violations: Case Studies of Successful Programmes', UNAIDS Best Practice Collection, Geneva
Stigma and discrimination have fuelled the transmission of HIV and increased the negative impact of the epidemic. How can HIV-related discrimination be addressed in order to achieve public health goals and overcome the epidemic? UNAIDS examines this question, drawing on a range of case studies from all over the world. Stigma, discrimination and human rights violations are intimately linked, reinforcing and legitimising each other. Multi-faceted action, sustained over time, is needed to prevent stigma, challenge discrimination and promote and protect HIV-related human rights.
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The following paper reviews progress with human rights-based approaches to HIV and AIDS.

Patterson, D., 2002, Reviewing Programming on HIV/AIDS, Human Rights and Development, Canadian HIV/AIDS Legal Network for the Canadian International Development Agency, Montréal
The protection of human rights is receiving increased attention in international legal obligations aimed at reducing the spread and impact of HIV/AIDS. Can a rights-based approach offer an effective framework for confronting HIV/AIDS over the longer term? How does a rights-based approach differ from other development approaches? This paper, compiled for the Canadian HIV/AIDS Legal Network, explores rights-based approaches to HIV/AIDS in development funding and examines the extent to which donors and other agencies have incorporated these into their programmes.
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Housing rights

This UN-HABITAT report outlines international human rights on housing, and examines how they are implemented and the scope for enforcement at regional, national and local levels.

UN-Habitat, 2002, 'Review of International and National Legal Instruments', UN Housing Rights Programme, Report No. 1
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The following resources focus on housing rights for women and for indigenous people.

Scholtz, B., Gomez, M., 2004, 'Bringing Equality Home: Promoting and Protecting the Inheritance Rights of Women', Centre on Housing Rights and Evictions, Geneva
How and why are women’s rights to adequate housing systematically violated in sub-Saharan Africa? How can national and international actors change customary and statutory law and practice to improve this situation? This report from the Centre on Housing Rights and Evictions provides an overview of the local legal tools that already exist and those that need reforming or putting into place in ten African countries. It argues that strategies based on human rights can effect change if pursued with strength and persistence.
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UN-HABITAT, 2005, 'Indigenous People's Right to Adequate Housing. A Global Overview', UN Housing Rights Programme
To what extent do indigenous peoples in different parts of the world enjoy the right to adequate housing? This report illustrates the lack of adequate housing and consequent poor living conditions of indigenous peoples worldwide. The study was undertaken within the framework of the United Nations Housing Rights Programme – a joint initiative of UN-HABITAT and the OHCHR. It includes a review of relevant literature, identification of case studies and the collection of primary data. Seven case studies are drawn from ten countries: Australia, Canada, Ecuador, Finland, Kenya, Mexico, Norway, the Philippines, the Russian Federation and Sweden. Adequate housing for indigenous people is a critical human rights concern and there is a profound connection between indigenous peoples' rights to land and rights to housing.
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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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A Labour Standards and Poverty Reduction Forum was derived from the above DFID paper. For more information about this event please visit the GSDRC forum webpage.

Land and property rights

This paper develops a the rights-based approach to women's land rights, reviewing World Bank approaches and providing several case studies from Africa.

Ikdahl, I., et al., 2005, 'Human Rights, Formalisation and Women's Land Rights in Southern and Eastern Africa', Institute of Women's Law, University of Oslo.
Land is a vital resource for rural livelihoods. How far has land reform advanced and how effectively has gender equality been implemented in five countries in Southern and Eastern Africa? What problems need to be resolved, what are the forces resisting change and what remains to be done? This report from the University of Oslo and the Norwegian University of Life Sciences was commissioned by the Norwegian Agency of Development Cooperation. It adopted the human rights based approach, to spell out a human rights framework for gender-equal and non-discriminatory land reform/formalisation processes.
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UNCHS, 1999, 'Women's Rights to Land, Housing and Property in Post-conflict Situations and during reconstruction: A Global Overview', UNCHS, Nairobi.
Access to land, housing and property is a principal factor determining the economic and social well-being of women, especially in situations of conflict and reconstruction. Women's rights in this regard are often violated on a mass scale during and after conflict. This report by the United Nations Centre for Human Settlements (Habitat) synthesises and analyses women's experiences across regions, summarises barriers women face, and delineates the foundation and activities needed to make these rights enforceable.
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Livelihoods

The following paper proposes a framework for using a human rights perspective to analyse power relations, institutions and politics, in order to promote livelihoods and sustainable development.

Moser, C. and Norton, A., 2001, 'To Claim Our Rights: Livelihood Security, Human Rights, and Sustainable Development', Overseas Development Institute, London.
How can human rights contribute to the promotion of sustainable development and strengthen the livelihoods of poor people? This paper, published by the Overseas Development Institute, argues that a human rights perspective makes a difference by developing a more concrete understanding of social sustainability and by extension, sustainable development. It outlines a conceptual framework for the application of a human rights approach to strengthening sustainable development and livelihoods, which also serves as a useful guideline for practical implementation by donors.
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This paper looks at how new aid instruments and affect sustainable livelihoods and rights-based approaches, and argues that these two approaches can be complementary.

Farrington, J., 2001, 'Sustainable Livelihoods, Rights and the New Architecture of Aid', ODI, London.
A number of new aid vehicles have recently been introduced by Washington-based institutions. Are the principles and practices of other sustainable development approaches, namely sustainable livelihoods (SL) and rights based (RB) approaches consistent with this new architecture of aid? This paper from the Overseas Development Institute examines whether and how complementarities between the approaches might be exploited. While SL approaches, incorporating elements of RB approaches, are qualitatively different to current country-level development strategies, they offer useful complementary principles and analytical tools.
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Migration

The following DFID working paper examines the importance of voluntary migration for poverty reduction, and seeks to challenge some popular misconceptions.

De Haan, A., 2000, 'Migrants, Livelihoods and Rights: The Relevance of Migration in Development Policies', Social Development Department, Department for International Development, London.
What is the role of migration in people's livelihoods around the world? How can migration be understood as a social process? This UK Department for International Development working paper is the outcome of a workshop organised by the Institute of Development Studies' Poverty Research Unit in 1998. It argues that more attention needs to be given to the positive aspects of migration.
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Migrants are often particularly vulnerable to rights violations or omissions. This ILO paper concentrates on how to strengthen protection of labour standards for migrants.

ILO, 2004, 'Towards a Fair Deal for Migrant Workers in the Global Economy', International Labour Conference 92nd Session, ILO, Geneva.
Economic, political and demographic factors are causing increasing labour migration and associated pressures. How can this be better managed to protect human rights, maximise growth and development, and prevent clandestine flows and trafficking? This International Labour Organisation report draws lessons from the experience of both origin and host countries in managing migration to improve the treatment and conditions of migrant workers and their families. It aims to provide a basis for formulating sound recommendations for future action.
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This UN report outlines the multiple rights violations involved in trafficking of women, and makes recommendations for governments and other actors.

United Nations, 2000, 'Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women', Report of the United Nations Special Rapporteur on Violence Against Women.
What are the root causes of trafficking of women? How can states better tackle this problem and protect the human rights of trafficked women? This report from the United Nations (UN) Special Rapporteur on violence against women examines these questions, as well as critiquing current international legislation on people trafficking. It emphasises the duty of states to prevent violations, and how the feminisation of poverty has led to the feminisation of migration.
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