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Human Rights Based Approach
1. may 2007
CEDAW
and the
Human Rights
Based
Approach
to
Programming
A UNIFEM guide
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2. CEDAW
UNIFEM is the women’s fund at the United Nations. It provides financial
and technical assistance to innovative programmes and strategies
to foster women’s empowerment and gender equality. Placing the
advancement of women’s human rights at the centre of all of its efforts,
and the
UNIFEM focuses its activities on four strategic areas:
• Reducing feminized poverty;
• Ending violence against women;
• eversing the spread of HIV/AIDS among women and girls;
R
• chieving gender equality in democratic governance in times
A
of peace as well as war.
Human Rights
Based
Approach
to
Programming
Written by Lee Waldorf, with research by Christine Arab and Menaka Guruswamy
Copy Editor: Angela Stephens
Designer: Kathi Rota
Photo Editor: Sue Ackerman
Printer: Kay Printing
Photo Credits: Front cover, clockwise from upper left corner: Indigo-dyed cloth from
Nigeria; cotton blanket from Guatemala; silk-embroidered mirror cloth from Morocco;
silk brocade woven cloth from Indonesia; tambour-work cloth from Uzbekistan;
Chanhan quilt from Pakistan. Back cover: tapa cloth from Fiji. All photos by James
Austin except Indonesian fabric by Barry Dawson. From “World Textiles: A Visual
Guide to Traditional Techniques” by John Gillow and Bryan Sentance, except Nigerian
fabric from “African Textiles” by John Gillow, both titles published by Thames
Hudson Ltd, London and New York.
ii
3. Index
1 Introduction
2 Section 1 Gender Equality as a Human Right
16 Section 2 UNIFEM and the HRBA
26 Section 3 Applying the HRBA Principles
38 Section 4 he HRBA and Results-Based
T
Management
50 Section 5 Women’s Human Rights In-Depth
78 Section 6 Programming Resource Materials
iii iv
4. Introduction
Promoting universal respect for human rights has considerations into programme support. The
been one of the fundamental goals of the United principle that development cooperation should
Nations since its creation, and the development of further the realization of human rights has now
a comprehensive international human rights gained wide acceptance.
normative and standard-setting system within the
At the current stage of the HRBA’s evolution, the
United Nations was one of the great achievements
UN is tackling the challenge of fully translating this
of the 20th century. A more recent development,
commitment into concrete, operational program-
and one with great potential for further enhancing
ming terms. What does the HRBA really mean for
the impact of these human rights standards on the
programming priorities, design, implementation,
ground, is the adoption of the human rights-based
monitoring and evaluation? And—to be even more
approach (HRBA) to programming by United
concrete—what does the HRBA tell us about the
Nations agencies, funds and programmes.
expectations that people themselves should
Especially over the past decade, the UN system’s rightly have of the UN’s programming support?
commitment to the HRBA intensified. Following
The United Nations Development Fund for Women
the lead of innovators such as UNICEF, many other
has worked for gender equality and women’s
agencies, funds and programmes, such as WHO,
empowerment for over 30 years, and since the
UNFPA, UNDP, and UNIFEM have paid increasing
1990s the organization has placed a particular
attention to human rights. Of particular note is the
emphasis on supporting implementation of the
adoption in 2003 of the UN Inter-Agency Common
Convention on the Elimination of All Forms of
Understanding on the human rights-based ap-
Discrimination against Women (CEDAW). This
proach to programming, and the roll-out of Action
guide consolidates insights and experiences
II of the Secretary-General’s reform programme.
gained by UNIFEM to date, to assist staff in further
These two initiatives are making a substantial
deepening the HRBA within programming. It’s a
contribution to clarifying and focusing a UN sys-
contribution we share with partners in our com-
tem-wide approach to integrating human rights
mon effort to advance women’s human rights.
1
6. “Women have a right to gender equality.” It’s a simple • onvention against Torture and other Cruel, Inhuman
C
and true statement, but its implications for how devel- or Degrading Treatment or Punishment (CAT) 1984
opment assistance should be conducted are many and • Convention on the Rights of the Child (CRC) 1989
far-reaching. Before we begin addressing the nuts and
bolts of the HRBA (Section 2), it is worth taking some • Convention on the Protection of the Rights of
time to explore just what it means, and why it matters, All Migrant Workers and Members of Their
to approach gender equality as a human right. Families (CMW) 1990
Two new conventions—on the rights of persons
What are International Human Rights? affected by disabilities, and on protection from enforced
The international human rights system is a creation of disappearance—were adopted by the General
the 20th century. The impetus to institute a global order Assembly in 2006. These conventions are waiting to
to protect human rights came from the same source as receive the number of ratifications from Member States
the impetus to create the United Nations itself. In that will allow them to come into force.
response to the devastation and inhumanity inflicted by
The work to codify human rights into international law
World War II, there was consensus that rules and
took many decades, and drew on the collective efforts
standards should be established which would, in the
of governments, non-governmental organizations,
future, uphold human dignity and protect all people from
lawyers and academics from around the world, as well
such harm. The first step was the UN General
as the United Nations bodies. The result is that we now
Assembly’s adoption, in 1948, of the Universal
have a comprehensive normative and legal framework
Declaration of Human Rights (UDHR).
for human rights, which clearly identifies the content of
A treaty system was then introduced, allowing any these rights and the steps that should be taken to
Member State of the United Nations to undertake realize them. This framework has achieved global
legal obligations to respect, protect and fulfill the most endorsement. The number of UN Member States that
important human rights. In 1966, the first two treaties, are parties to the treaties has grown continuously. By
the International Covenant on Civil and Political 2007 all States had ratified at least one of the treaties,
Rights (ICCPR) and the International Covenant on and 80% had ratified four or more. The two most
Economic, Social and Cultural Rights (ICESCR), were broadly endorsed human rights treaties—CEDAW and
opened for ratification. The other core human rights the CRC—have each been ratified by more than 90%
treaties followed: of the UN membership.
• Conventionon the Elimination of All Forms of
Racial Discrimination (CERD) 1965 Gender Equality
within the Human Rights Framework
• Conventionon the Elimination of All Forms of
Discrimination against Women (CEDAW) 1979 The human rights obligation to eliminate sex-based
discrimination against women in order to achieve
7. gender equality has been at the centre of international
gender equality are set down in detail, and the broad
human rights from the beginning. The UDHR, ICCPR,
range of actions that must be taken to achieve gender
ICESCR, and other core treaties contain clear state-
equality are mapped out. It is also in CEDAW that the
ments on women’s right to be free from discrimination.
international human rights system’s understanding of
The centrality of this concern was made abundantly
the nature and meaning of sex-based discrimination
clear by the adoption of CEDAW. The core international
and gender equality is most clearly articulated.
human rights standards, taken together, provide a
powerful normative framework for advancing gender
equality. CEDAW’s Approach
to Achieving Gender Equality
In 1993, the Vienna World Conference on Human Rights
CEDAW is an “anti-discrimination” treaty, meaning that
took the centrality of women’s rights to the international
in CEDAW gender inequalities are understood to have
human rights regime as one of its primary concerns. As
been produced by sex-based discrimination. The State
stated in the Vienna Declaration and Programme of
obligations imposed by CEDAW are primarily obliga-
Action, and reaffirmed many times since, including in
tions to eliminate the many different forms of
the Beijing Platform:
gender-based discrimination women face. CEDAW in
• he human rights of women and of the girl-child are
T that sense embodies both a theory of women’s subor-
an inalienable, integral and indivisible part of univer- dination, and a strategy for overcoming this
sal human rights. subordination.
• he full and equal participation of women in politi-
T CEDAW is also informed by a particular understanding
cal, civil, economic, social and cultural life, at the of what counts as equality, often called “substantive
national, regional and international levels, and the equality” or “equality of results.” CEDAW takes a very
eradication of all forms of discrimination on grounds concrete and three-dimensional view of equality. Rather
of sex are priority objectives of the international than considering equality in formal and legalistic terms,
community. and saying that laws and policies ensure equality
• he human rights of women should form an integral
T between women and men simply by being gender-
part of the United Nations human rights activities, neutral, CEDAW requires that their actual impact and
including the promotion of all human rights instru- effect also be considered. Under CEDAW, the State has
ments relating to women. to do more than just make sure there are no existing
laws that directly discriminate against women. It must
What are Women’s also make sure that all of the necessary arrangements
Human Rights under CEDAW? are put in place that will allow women to actually
experience equality in their lives.
Provisions protecting women’s human rights exist in all
of the core international human rights treaties. But it is in Finally, CEDAW makes States responsible not just for
CEDAW that the specifics of women’s human right to their own actions, but also for eliminating discrimination
8. that is being perpetrated by private individuals and Article 13: economic and social life
organizations. CEDAW recognizes that discrimination is
Article 14: rural women
often most deeply rooted in spheres of life such as
culture, the family, and interpersonal relations, and that Article 15: equality before the law
if change does not take place at those levels, efforts to
Article 16: equality in marriage and family life
achieve gender equality will be frustrated.
✦
The Articles of CEDAW
Articles 17-22: he CEDAW Committee and the report-
t
The articles of CEDAW fall into three main groups. The
ing process
first set of articles explains the nature and scope of the
State’s obligations. The second set of articles targets Articles 23-30: atification, reservations and other
r
specific forms of discrimination and outlines measures procedural matters
that the State must undertake to eliminate discrimina-
tion in each of these areas. The last set of articles How is CEDAW Monitored?
governs procedural and administrative matters, such as
the composition of the CEDAW Committee and the way The CEDAW Committee
in which the reporting process operates.
Like all of the core international human rights treaties,
CEDAW is overseen by a treaty body. The Committee
Article 1: definition of discrimination against women on the Elimination of Discrimination against Women is a
group of 23 gender equality experts. They are elected
Articles 2-5: he full range of measures the State must
t
by the States parties to CEDAW, but once elected they
take to eliminate discrimination and
serve in an independent capacity, not as representa-
achieve gender equality
tives of their countries. The Committee membership is
✦ regionally representative, and at present has members
from Algeria, Bangladesh, Brazil, China, Croatia, Cuba,
Article 6: trafficking and the exploitation of prostitution
Egypt, France, Germany, Ghana, Israel, Italy, Jamaica,
Article 7: public and political life Japan, the Republic of Korea, Malaysia, Mauritius, the
Netherlands, Portugal, Singapore, Slovenia, South
Article 8: international affairs
Africa, and Thailand. The Committee members bring a
Article 9: nationality broad range of relevant expertise to bear, drawing from
their careers as gender equality experts in law, aca-
Article 10: education
demia, the private sector, government, and
Article 11: employment non-governmental organizations.
Article 12: health care The Committee is responsible for reviewing each State
9. party’s progress, as well as the challenges they are ment delegation, including the heads of women’s
experiencing in implementing the Convention. After machineries and other key officials such as those
reviewing progress and challenges, the Committee responsible for foreign affairs and the administration of
issues its concluding comments, which provide justice, to engage in a dialogue with the Committee
specific guidance on how this performance could be members. When the Committee is considering the
improved in national context. The Committee is also reports, it will also draw on information provided by UN
responsible for developing jurisprudence, a body of agencies and women’s NGOs from the reporting
legal interpretation, primarily through the issuing of countries. There are specific meeting times set aside
General Recommendations (GRs) and decisions under during the sessions for the Committee to hold discus-
CEDAW’s Optional Protocol. This jurisprudence helps sions with the UN agencies, and with the women’s
clarify how the Convention applies to specific situations NGOs. Women’s NGOs can also submit alternative
and emerging issues. reports on their countries’ progress—often called
“shadow reports” —to the Committee.
In the past, all of the other treaty bodies met in Geneva
and received secretariat support from the Office of the The Committee places great value on hearing from
High Commissioner for Human Rights (OHCHR), but the women themselves about the situation in their coun-
CEDAW Committee met in New York, and the Division tries. UNIFEM has for many years supported women’s
for the Advancement of Women (DAW) served as its NGOs to attend the CEDAW sessions and present
secretariat. Beginning in 2008, CEDAW will meet in shadow reports through the “Global to Local”
Geneva and will be supported by the OHCHR. programme. The programme is run by the International
Women’s Rights Action Watch (IWRAW) Asia Pacific,
The CEDAW Reporting Process an NGO based in Malaysia, and while initially supported
only by UNIFEM, it is now also receiving support from
States that are parties to CEDAW must submit regular
UNFPA. Over the past decade, more than 80% of
reports to the CEDAW Committee. These reports
the women’s NGOs from around the world that have
contain detailed information about legislative, judicial,
attended the CEDAW sessions were sponsored by
administrative and other measures that have been
the Global to Local programme.
undertaken to implement CEDAW, as well as about
obstacles that have been encountered. The reports When the CEDAW session is completed, the Committee
need to provide a fairly comprehensive mapping of issues its concluding comments on each State party’s
progress in achieving gender equality, and States will report. They note successful steps that have been taken
often call on DAW, the OHCHR and other UN organiza- to achieve gender equality, then identify the most critical
tions for assistance when drafting them. measures that need to be taken in the future to imple-
ment the Convention. The concluding comments are
The reports are reviewed during the CEDAW
very important resources for gender equality work. First,
Committee’s sessions, which are held several times a
they provide authoritative guidance about what CEDAW
year in New York. The reporting State sends a govern-
requires in specific national contexts: through the
10 11
10. concluding comments, the fairly general language of the values, which allows us to have meaningful and
Convention is given more concrete, real-life meaning. productive discussions across our differences about
Second, the concluding comments are valuable how people should be treated.
advocacy tools for use by gender equality advocates to
One of the central principles human rights law has
press for needed changes at the national level.
established is that all human beings, women included,
For more information about CEDAW, and links to are equal and should not be subjected to discrimina-
helpful resources, see Section 9 “Women’s Human tion. Once gender equality is understood as a human
Rights In-Depth.” right it needs no additional justification, and the legiti-
macy of work to advance gender equality does not
Summing Up: Gender Equality depend on proving its usefulness for other purposes,
as a Human Right such as those of development, or economic growth.
Not everyone who works to advance gender equality 2. It provides the definitive certainty of law. International
approaches it as a human right. For example, it can be human rights standards are not “law” in the same
treated exclusively as a development concern. From sense as, for example, a nation’s criminal code is
that view, gender equality has importance because of law—their enforcement is a more complex matter. But
its instrumental value in furthering development— one of the common characteristics of both interna-
because a country’s development objectives cannot be tional human rights law and national law is that
reached unless the situations of both men and women obligations—what must be done, what must not be
are significantly improved, attention must be paid to the done, and who has responsibility for these actions—
challenges women face. are very clearly defined. By becoming a party to
CEDAW, for example, a State undertakes to imple-
What is gained by understanding gender equality as
ment a long series of specific measures to advance
a human right? As outlined above, the human rights
gender equality. The content of these obligations is
framework has a number of distinctive contributions
not open to alteration by individual governments or
to make:
organizations.
1. t provides the highest level of normative authority.
I
3. t the same time, it responds to country realities and
A
Human rights are the only values on which there is
emerging issues. A universal set of detailed gender
global consensus. Political and economic regimes
equality requirements could actually be an obstacle
and cultural and religious traditions vary widely
rather than an asset for gender equality work, if it was
around the world, and questions about which system
too abstract or rigid. The challenges women face vary
is right and which system is wrong are unanswer-
so much from country to country, and even within a
able. But common elements from all of these sources
country they can change significantly over time.
were brought together in the development of the
Fortunately, the international human rights system is
international human rights framework. There is now a
designed to be responsive and flexible.
shared agreement, at least at the level of human
12 13
11. Country-specific perspectives are, for example,
built into CEDAW in multiple ways: the text of the
Convention was drafted and negotiated by people
from all parts of the world; the CEDAW Committee’s
membership is regionally balanced; and in addition to
the government’s own regular reports, the Committee
considers the views expressed by women’s groups in
the country, and information available from UN organi-
zations working there. All of these combine to make
CEDAW’s concluding comments quite a useful source
of guidance about what the current priorities for gender
equality work should be in individual country contexts.
Through the concluding comments, the General
Recommendations, and decisions under CEDAW’s
Optional Protocol, the Committee takes the opportunity
to explore how the Convention should apply to new
issues that weren’t in the minds of CEDAW’s drafters,
such as HIV/AIDS, for example, or economic
globalization.
For UNIFEM, one of the main advantages of the human
rights-based approach is that it helps us to strengthen
our programming by making systematic use of the
benefits that come from gender equality’s status as a
human right. The sections that follow explore the ways
in which UNIFEM has already implemented the HRBA in
our programmes, and ways in which this approach can
be deepened.
14 15
13. The United Nations and the Human the UNCTs will be rolled out by Action II in 2007, and
Rights-Based Approach these trainings take their guidance on the HRBA from
The HRBA is by no means a new programming approach the UN Common Understanding.
for the UN system. For many years, UN agencies,
The UN Common Understanding on the HRBA is a
programmes and funds have, each in their own way,
short document that sets out three main points of
been exploring and developing human rights-based
agreement about the HRBA, then provides basic
approaches to their programming. A number of UN
explanations of each of these points.
organizations were particularly engaged with human
rights because they saw a very direct link to their indi-
UN Common
vidual mandates (such as UNICEF’s with the Convention
on the Rights of the Child, and UNIFEM’s with CEDAW).
In 1997, interest in implementing the HRBA increased
Understanding
significantly, as the Secretary-General called on all UN
organizations to mainstream human rights into their work
in the context of the UN programme for reform.
What is relatively new is the UN system’s adoption of a
standard approach to the HRBA. In 2003, at the
Stamford Inter-Agency Workshop on a Human Rights- 1 ll programmes of development cooperation,
A
Based Approach, a “Common Understanding” of the policies and technical assistance should
HRBA was negotiated for the UN system as a whole. further the realization of human rights as laid
The UN Common Understanding was then endorsed by down in the Universal Declaration of Human
the UN Development Group (UNDG), and incorporated Rights and other international human rights
into the Common Country Assessment/UN instruments.
Development Assistance Framework (CCA/UNDAF)
2 uman rights standards contained in,
H
Guidelines. In the second stage of the Secretary-
and principles derived from, the Universal
General’s UN reforms, an initiative called Action II was
Declaration of Human Rights and other interna-
created. Action II is a global programme to strengthen
tional instruments guide all development
the UN’s support for the promotion and protection of
cooperation and programming in all sectors
human rights, led by a core task force composed of
and in all phases of the programming process.
OHCHR, UNDP, UNFPA, UNICEF, UNIFEM, UNDG and
OCHA. It is focused on strengthening the human rights- 3 evelopment cooperation contributes to
D
related programming capacities of UN country teams the development of the capacities of “duty-
(UNCTs), so that they can support Member States to bearers” to meet their obligations and/or of
realize human rights in line with the Millennium “rights-holders” to claim their rights.
Development Goals (MDGs). Human rights trainings for
18 19
14. UNIFEM’s 2004-7 Multi-Year Funding human rights—they must identify and support the actual
Framework and the HRBA changes on the ground that will further the realization of
rights.
The Common Understanding’s three points of agree-
ment are framed in fairly general and abstract terms, This first point of agreement in the Common
and the concrete implications really only become clear Understanding also underlines that work to further the
once they’re interpreted in light of an organization’s realization of human rights is not something that should
mandate. What does the Common Understanding be treated as its own discrete sector. In the past, many
actually imply for UNIFEM’s work? This section will UN organizations, including UNIFEM, have located their
highlight some of the key implications. In Section 3, the human rights work only in specific programmes, or as a
Common Understanding’s human rights principles will discrete organizational goal. To implement the HRBA,
be explored in greater depth, and in connection with our however, programming in all sectors must be designed
own programming experiences. to realize rights.
How was the first point of the Common Understanding
1. ll programming should further the
A
reflected in UNIFEM’s 2004-7 Multi-Year Funding
realization of human rights
Framework (MYFF)? Rather than having a separate goal
There is virtually no aspect of development cooperation on women’s human rights, achieving gender equality is
that doesn’t make at least some contribution to the an overarching goal of all programming. The absence of
realization of human rights. For example, anything done a specific MYFF goal on human rights does not mean
to improve access to water may help realize the right to that there can’t be any human rights programmes, and
health, and anything done to improve access to educa- we are indeed currently implementing many of these
tion can help realize the right to education. In the earlier programmes. What the framework implies is that there
stages of the UN system’s use of the rights-based should not be programmes in any of our MYFF goal
approach, there was a tendency to simply repackage areas—reducing feminized poverty, ending violence
existing programming and programming approaches by against women, halting and reversing the spread of HIV/
inserting human rights language into documents. But AIDS, and achieving gender equality in democratic
the HRBA should not be treated as an exercise in rights governance—that are not designed to help realize the
rhetoric. relevant human rights for women.
The Common Understanding commits UN organizations There are rights under CEDAW directly corresponding to
to engaging with human rights in a more systematic, each of our MYFF goal areas. In the chart that follows,
deliberate and purposeful way. The Common some of the key rights under CEDAW are identified, as
Understanding notes that programming activities which well as General Recommendations of the CEDAW
“incidentally” contribute to rights realization don’t qualify Committee that provide additional guidance on the
as implementing the HRBA. Rather, programmes must State’s obligations in these areas.
be consciously designed with the intention of realizing
20 21
15. 2. uman rights standards and principles
H
MYFF Goal CEDAW should guide all aspectsof programming
As discussed in Section 1, the human rights standards
Goal 1: Article 11: employment
in treaties such as CEDAW are a source of quite
Reduce feminized Article 13: economic and
detailed guidance on the measures that need to be
poverty and social life
taken to realize women’s human rights. The Common
exclusion Article 14: rural women
Understanding’s second point of agreement is
GR 13: equal remuneration
underlining that programming should make very
GR 16: unpaid women workers
conscious use of this guidance. In order to implement
the HRBA properly, programming should be informed
by knowledge of the specific human rights standards
Goal 2: Article 6: rafficking and
t
that apply, and of the measures that should be taken to
End violence prostitution
further them. This information is found in the articles of
against women Article 5: customary and
the human rights treaties, in their Committee’s General
other practices
Recommendations, and in the Committee’s application
Article 16: marriage and
of the standards to country situations in their
family relations
concluding comments.
GR 19: violence against women
Some of the uses that should be made of human rights
standards are highlighted in the UNIFEM MYFF. For
Goal 3: Article 12: healthcare example, ensuring that “legislation and policies are
Halt and reverse GR 15: HIV/AIDS formulated and implemented to promote and protect
the spread of GR 24 : health women’s human rights” is the MYFF’s first outcome
HIV/AIDS among level result. Among the indicators accompanying this
women and girls outcome are the removal of discriminatory provisions
from legislation and policies, the incorporation of gender
equality provisions into national constitutions, and the
reflection of gender equality commitments in poverty
Goal 4: Article 2: constitutional and
reduction strategies. However, human rights standards
Achieve gender other legal reform
are more than a tool for legislative review and reform. As
equality in Article 7: public and political life
the second point of the Common Understanding
democratic GR 23: public and political life
stresses, they provide guidance that applies to all
governance in GR 25: emporary special
t
programming areas—i.e. they are just as useful when
times of peace measures
supporting women’s political participation, or improved
and in recovery
services relating to violence against women.
from war
22 23
16. The most helpful first step for ensuring that a pro- governments and people. Once human rights obliga-
gramme will further the realization of women’s human tions have been undertaken (through the ratification of
rights is to incorporate a careful review of the applica- treaties such as CEDAW), governments are responsible
tion of human rights standards into the situation for their implementation so that people can fully enjoy
analysis. If you begin with an accurate picture of what their rights. And people are entitled to claim these
CEDAW actually entitles women to in your programme rights, demanding that governments make good on
context, and what measures the government is obli- their obligations.
gated to implement under CEDAW in that context, your
You’ll notice that this relationship is not one in which the
ability to set objectives, outcomes and activities that will
UN figures prominently. In earlier models of develop-
be most effective for realizing the right is greatly in-
ment that were not based on rights, it may have been
creased.
acceptable for UN organizations to understand their
Investment at this initial level of analysis will benefit the work as directly providing for the needs of people in
programme throughout its lifetime. Some of UNIFEM’s developing countries. The HRBA is certainly not a
larger programmes, such as the land rights programme service delivery model for programming. Rather, it’s a
in the CIS sub-region, or Asia Pacific’s migration pro- capacity-building model. According to the HRBA’s
gramme, were able to invest the resources needed to capacity-building model, the UN has a more supporting
conduct very comprehensive human rights analysis at role, of facilitating the conditions necessary in a country
the programme design stage. These studies continued for rights to be realized. The primary actors, the agents
to be drawn on throughout the programmes’ implemen- of change, are always the rights-holders and duty-
tation periods. The land rights analysis, for example, bearers.
assisted in the drafting of legislative amendments in
In the MYFF outcome areas, UNIFEM has identified
several countries to better secure women’s land owner-
three levels at which our programming supports capac-
ship. The migration rights analysis supported advocacy
ity development for both duty-bearers and
for the creation of a standard contract for migrant
rights-holders:
domestic workers in Jordan, has been used in university
curricula in Southeast Asia, and was provided to sup- • t the macro level, support is provided for improve-
A
port the drafting of the CEDAW Committee’s General ments to legislative and policy frameworks
Recommendation on migration.
• t the meso level, we are concerned with support-
A
ing gender responsiveness in mainstream
3. rogramming should support develop-
P
institutions and enhanced ability of gender equality
ment of the capacities of duty-bearers
advocates to influence policy agendas
to meet their obligations, and of rights-
holders to claim their rights • t the micro level, support is provided for eliminat-
A
ing discriminatory attitudes and stereotypes
The third point of agreement is underlining that human
rights are essentially about a relationship between
24 25
18. possesses rights cannot voluntarily give them up, and
Human rights standards contained in, others cannot take them away.
and principles derived from, the Universal Women are one of the groups of people whose
Declaration of Human Rights and other very entitlement to their human rights is most often
international instruments guide all challenged or ignored. There are situations in which
development cooperation and program- their rights can often be treated as irrelevant—as, for
ming in all sectors and in all phases of example, where governments consider internal family
the programming process. relations as private, and beyond the law’s reach. Even
within human rights and development work itself, the
The second point of agreement in the UN Common reality that half of the people concerned are women,
Understanding says that human rights standards and with specific rights of their own that must be respected,
principles should guide programming. The human rights has often been overlooked. As Radhika
standards can be found in the treaties, but what are the Coomaraswamy, the former Special Rapporteur
human rights principles? The Common Understanding on violence against women has observed, women
provides a list: frequently face a culture of impunity, and the failure of
the rule of law, where their human rights are concerned.
• Universality and inalienability
How has UNIFEM responded to this fundamental
• Indivisibility
challenge under the MYFF? Considerable programme
• Interdependence and interrelatedness support has been devoted to ensuring that the so-called
“private realm” is not a zone where women’s rights are
• Equality and non-discrimination
violated. The famous slogan “Women’s Rights are
• Participation and inclusion Human Rights” was first associated with campaigns to
ensure that women received protection from gender-
• Accountability and the rule of law
based violence, and UNIFEM sub-regional offices have
Some of the most important programming requirements supported groundbreaking work in this area. These
for implementing the HRBA are contained in these programmes have, for example, led to the adoption of a
human rights principles. Their implications for UNIFEM’s country’s first domestic violence laws, and the criminal-
work are discussed below. ization of rape within marriage for the first time.
Universality and Inalienability Indivisibility
The first article of the Universal Declaration of Human The principle of indivisibility reminds us not to proceed
Rights states: “All human beings are born free and as if there was a hierarchy among human rights, with
equal in dignity and rights.” All people everywhere in the some being more important or more critical than others.
world are entitled to human rights—the person who All human rights have equal status. The need for such a
28 29
19. principle became apparent during the cold war stage When the HRBA advises us to programme with a very
of the human rights system’s evolution, when one bloc clear idea in mind of the right to be furthered, this is not
pressed for priority attention to civil and political rights, a call to develop tunnel vision around that right; quite
and the other insisted on the precedence of economic, the opposite. The actual realization of a right can be a
social and cultural rights. The equal status of civil and complex and long-term matter—most rights cannot be
political rights and economic, social and cultural rights realized within the scope and time frame of an individual
is now widely accepted in the human rights world. But project or programme. In order to programme in a way
the principle of indivisibility still has relevance, especially that effectively serves to advance a human right you
as a reminder of the importance of attending to the don’t have to adopt unrealistically bold objectives. What
rights of groups subjected to discrimination and disad- is needed is attention to the possibility that other rights
vantage, under treaties such as CEDAW, CERD and the must also be realized, and awareness of the various
CRC. stages that must be reached before a right can be
realized. With this picture in mind, the real contribution
While it is not acceptable to give one set of human
the programme can make—as connected with efforts of
rights priority over another, it has been recognized that
other actors, and work that must follow after the com-
some rights may necessarily take more time to be
pletion of the programme—can be identified.
realized than others. Some of the social, economic
and cultural rights, for example, may take more time These principles again underline the importance of
to realize than some of the civil and political rights, strong situation analysis. Rights realization always takes
because they require a greater investment of resources, time, but it will take less time if the full set of challenges
or the accomplishment of more substantial structural involved is understood from the outset.
changes. Where a State cannot realistically be expected
For example, it’s better to support the drafting of a
to achieve a right immediately, its obligation is under-
new law already knowing that chronic gender-based
stood to be “progressive,” and can be satisfied
discrimination in budgetary processes is hampering
by genuine efforts producing incremental progress to
the implementation of existing laws, and to factor this
rights realization. It should be noted, though, that the
challenge into programme design, than to discover
obligation to not discriminate—against women or any
such an obstacle after programme completion.
other group—is not progressive, it is always immediate.
Equality and Non-Discrimination
Interdependence and Interrelatedness
As the UN Common Understanding explains these
The realization of one right will often very much depend
principles: “All individuals are equal as human beings
on the realization of other rights as well. The principles
and by virtue of the inherent dignity of each person. All
of interdependence and interrelatedness remind us of
human beings are entitled to their human rights without
the importance of a comprehensive and holistic pro-
discrimination of any kind, such as race, colour, sex,
gramming vision.
ethnicity, age, language, religion, political or other
30 31
20. opinion, national or social origin, disability, property, and one of the core human rights treaties is exclusively
birth or other status as explained by the human rights concerned with gender-based discrimination. While this
treaty bodies.” is certainly a good thing, it creates a potential blind spot
for people who are programming on gender. It would be
Equality and non-discrimination are two sides of the
easy, and comfortable, to assume that the HRBA
same coin. People are entitled to equality. Inequality is
principles of equality and non-discrimination are not a
understood in the human rights framework as the
concern for programmes that directly address gender
product of discrimination. People are therefore also
inequality. The UN Common Understanding is a remind-
entitled to the elimination of discrimination—in whatever
er that we need to be alert to the multiple forms of
form it takes, sexual, racial, religious, or on other
discrimination women may face. A variety of UNIFEM
grounds—as a means to achieve equality.
programmes—including those focusing on migrant
It should be noted that there is no closed, permanent women workers, women living with HIV/AIDS, and
list of the prohibited grounds of discrimination. New women from ethnic and racial minority groups—are
forms of discrimination can develop over time—for engaging with the intersection of different forms of
example, discrimination against migrant workers only discrimination.
becomes a major human rights problem once migration
for work becomes a widespread phenomenon. And Participation and Inclusion
situations and treatment that have in the past been
According to the UN Common Understanding, “Every
considered natural, if perhaps unfortunate, can come to
person and all peoples are entitled to active, free and
be recognized as discriminatory. Sex-based discrimina-
meaningful participation in, contribution to, and enjoy-
tion is a classic example. While it may once have been
ment of civil, economic, social, cultural and political
common sense to think that women weren’t suited
development in which human rights and fundamental
by nature to exercising political power, entering into
freedoms can be realized.” The principles of participa-
contracts, owning property, and so on, it is now clearly
tion and inclusion direct our attention both to the
recognized in human rights law that depriving women
objectives of programming, and to programming
of these entitlements is just as serious as singling out a
processes.
racial or religious minority for such treatment.
The Office of the High Commissioner for Human Rights
As the UN Common Understanding points out, the
has identified a series of measures that may be required
treaty bodies are often the first place that a new prohib-
to realize the right to participation:
ited ground of discrimination is identified. For example,
in a recent General Comment, the Committee on • uilding the capacity of civil society organizations
B
Economic, Social and Cultural Rights recognized sexual to engage with duty-bearers
orientation as a prohibited ground of discrimination.
• Increasing transparency of policies and processes
Gender has unequivocal recognition from the human
• reating new channels and mechanisms for
C
rights system as a prohibited ground of discrimination,
participation of marginalized groups
32 33
21. • ivic education and human rights awareness-raising
C and expanding women’s direct involvement in specific
programming stages, such as programme design and
• Media and communication campaigns
monitoring and evaluation.
• Advocacy for and capacity-building of networks
• Broadening alliances across civil society organizations Accountability and the Rule of Law
The necessary legal procedures and mechanisms must
Source: OHCHR, “Frequently Asked Questions on a
be in place within a country that will hold duty-bearers
Human Rights-Based Approach to Development
accountable for their human rights obligations.
Cooperation” (2006)
According to the UN Common Understanding, “States
The principle of participation and inclusion requires, at and other duty-bearers are answerable for the obser-
the level of programme objectives, that programmes vance of human rights. In this regard, they have to
support the empowerment of people to be active comply with the legal norms and standards enshrined
citizens with genuine ownership and control over their in human rights instruments. Where they fail to do so,
countries’ development. There are multiple sources of aggrieved rights-holders are entitled to institute pro-
the right to participation in human rights law, including ceedings for appropriate redress before a competent
in the ICCPR, the UN Declaration on the Right to court or other adjudicator in accordance with the rules
Development and Articles 7, 8 and 14 of CEDAW. The and procedures provided by law.”
political empowerment of women has long been a
The UN Common Understanding places a great deal of
central focus for UNIFEM, and is strongly reflected in
emphasis on ensuring that human rights standards are
the 2004-7 MYFF. Examples of UNIFEM initiatives
actionable through domestic legal systems. This is a
include support for bringing women to the peace table,
critical means of fostering human rights accountability,
supporting women’s ability to stand for election, sup-
and is reflected in the first outcome level result of
port for the formation of civil society organizations and
UNIFEM’s 2004-7 MYFF: “Legislation and policies are
networks, and support for gender-budgeting exercises.
formulated and implemented to promote and protect
At the level of programming process, the Common women’s human rights.” All of UNIFEM’s offices are
Understanding is drawing our attention to the fact that it supporting legal reform initiatives, to ensure that the
is not enough to programme for women, we must also standards set by CEDAW and the other human treaties
be programming with women. The priorities and views are given legal force at the national level, in areas
of the women affected should be reflected in our ranging from violence against women, to land owner-
programming choices, and their active involvement ship, to electoral processes.
should be sought at all programming stages. UNIFEM’s
One of the most powerful ways in which human rights
long history of partnerships with and support for
standards can gain domestic legal force is through their
women’s NGOs is a good example of the participation
integration into national constitutions. The constitution is
principle in action. But beyond the partnerships
a nation’s highest law, and all other laws must conform
themselves, attention should be paid to enhancing
34 35
22. with its requirements. The inclusion of gender equality and trainings, are common to most of the UN’s HRBA
other women’s human rights provisions within a constitu- programming. But there are challenges that are specific
tion is the best long-term guarantee that the country’s to women’s human rights. For example, many govern-
legal framework will respect women’s human rights. ments approach CEDAW implementation as the
exclusive responsibility of their women’s machineries.
Where constitutions have come up for revision, UNIFEM
The obligation to implement CEDAW rests with the
has supported women’s groups to press for important
State as a whole, and in Africa UNIFEM has introduced
changes. Some of the biggest opportunities to advance
an innovative programme to engage all sectors of
gender equality arise when a new constitution is being
government in the implementation of the Convention.
drafted, as often occurs in the context of post-conflict
It’s important to keep in mind that institutional buy-in for
reconstruction. UNIFEM provided support for the
women’s human rights can be increased through much
inclusion of constitutional guarantees of gender equality
less confrontational methods than the language of the
and women’s human rights in several new constitutions
Common Understanding might suggest. In South Asia
during the 2004-7 period. It should also be noted,
for example, UNIFEM-supported intergovernmental
though, that constitutional reform can be an especially
roundtables on CEDAW have allowed governments in
challenging area for advancing women’s human rights,
the region to share positive experiences and successes
as the political stakes in the negotiations will be high for
in implementing the Convention, and these roundtables
all sectors of the society. Where competing interests
have led to improved institutional arrangements in a
and agendas are strong, even the best efforts may fail
number of countries.
to produce the desired results.
Finally, the UN Common Understanding highlights an
Apart from the legal framework, there are other critically
additional dimension of accountability in the capacity
necessary components to ensuring accountability.
of rights-holders to make claims against duty-bearers.
Government institutions and officials need to be
UNIFEM’s work in this regard has already been men-
responsive to women’s human rights entitlements.
tioned above, under the principle of participation. While
The second outcome level result of UNIFEM’s MYFF
the reference to rights-holder capacity in the Common
is focused on ensuring that “Mainstream institutions
Understanding places a major emphasis on the ability of
demonstrate leadership, commitment, technical capac-
individuals to advance their claims through the courts, it
ity and accountability to support gender equality and
should be noted that the most important accountability-
women’s empowerment.” When it comes to getting
related capacity rights-holders can have is their
governmental institutions to recognize and have political
capacity to work together. Women’s NGOs, NGO
will for women’s human rights, have the technical
networks and civil society organizations have always
knowledge to put them into practice, and set up
been the true driving force behind the realization of
the mechanisms and procedures that will make this
women’s human rights, and support for these organiza-
possible, there’s no standard procedure or rulebook to
tions is an essential component of the HRBA.
follow. Some approaches, such as judicial or police
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