Rajeev Malhotra

24 Sept. 2008, New Delhi

Using Indicators to Promote & Monitor Implementation of Human Rights

Indicators for Human Rights Assessment Some questions and observations:Why do we need indicators and why human rights indicators? Is rights-based monitoring different from monitoring as commonly understood?* objectivity, transparency, accountability;* meeting treaty obligations and rationalising reporting; * making public policy & programmes rights sensitive / compliant? Are human rights indicators different from commonly used socio-economic and other administrative statistics? How do we identify human rights indicators? Where do we draw the line? Conceptual vis--vis evidence based criteria for indicator selection?

Human Rights Indicatorthat addresses and reflects the human rights concerns and principles; andthat can be related to human rights norms and standards;that are used to assess and monitor promotion and protection of human rights. Information quantitative or qualitative:Disaggregation of data important but not sufficient

Some Challenges in this workA well defined methodology; Need for an adequate conceptual basis; Using contextually relevant indicators at country and local level; and Challenges in Identifying IndicatorsRecognising specific monitoring requirements of national and international mechanisms and responding to them through appropriate indicator selection

Data Generating MechanismsAdministrative data and official statistics; Event based data on human rights violation; Households/ individual opinion based survey; and Expert judgements and rating scales. Data requirement for monitoring obligation to promote and protect may be different. However, in each case the objective should to move towards/depend on the use of objective data sets and methodology to collect information

Some Challenges ..

ObjectiveSubjectiveQuantit-ativeIndicator articulated in quantitative form and based on information on objects, facts or events that are, in principle, directly observable and verifiable. A

Example 1: prevalence of underweight children under five years of age.Example 2: reported number of arbitrary execution.Indicator articulated in quantitative form and based on information that is perception, opinion, assessment or judgment, using, for instance, cardinal/ordinal scales. B

Example 1: percentage of individuals above 16 years old who declare themselves very satisfied with the national public health policy.Qualitat-iveIndicator articulated in narrative form, (categorical form), and based on information on objects, facts or events that are, in principle, directly observable and verifiable. C

Example 1: the status of ratification of a human rights treaty for a given country: ratified / signed / neither signed or ratified.[i]Example 2: description of an event comprising act(s) of torture between a victim and a perpetrator(s).Indicator articulated in narrative form, (categorical form) and based on information that is perception, opinion, assessment or judgment. D

Example 1: assessment expressed in narrative form of how independent and fair is the judiciary.Example 2: is the right to food fully guaranteed in provisions of the national legal system of a given country? yes/no.

From Standards to IndicatorsAspects/attributes of RtHIn your country what is the nature of health problem, which population groups are more vulnerable to illness / high mortality and what has been done to combat the problem?Keeping in mind international human rights standards & health policy framework, what aspects of health & related policies are important for monitoring implementation of RtH?What aspects of your countrys health policy would you like to focus on in monitoring the implementation of RtH?

Attributes of Right to healthSexual and reproductive health;Child mortality and health care;Natural and occupational environment Prevention, treatment & control of diseases Accessibility to health facilities & essential medicines

From Standards to IndicatorsIdentifying indicators on RtH attributes What kind of indicators will be relevant to monitor the legal & institutional framework for implementation of RtH at country level?What kind of indicators will be relevant to monitor steps being taken by govt. and CSOs in furthering the implementation of RtH at country level?As summary measure, what kind of indicators will be relevant to monitor the enjoyment of RtH at country level?

Illustration - Right to Health

Reproductive healthChild mortality & health careNatural & Occp. Enirn.Prevent, treat. disease control,Acc. to health fac. & MediStructuralInternational human rights instruments, relevant to the RtH, ratified by the StatePeriod of application and coverage of RtH in supreme law/ Constitution/ bill of rightsPeriod of application and coverage of domestic laws relevant to the implemntation of RtH Estimated proportion of births, deaths and marriages recoded through vital registration system

Process prop of birth atten by health pers. prop recev pre & post natel careRept cases of genital mutilation prop of children getting medical checksProp of children covered under nutri supplement progs.Prop of children immunised pop prop with sustainable access to improved water source* pop prop using solid fuels pop prop immunized against vaccine preventable diseases pop prop applying effective prevetive measures/ cure per capita public exp on primary health careDensity of medical & para medical personnel, hospital beds

Outcome prop of live births with low birth wg. MMRIMR, under 5MRIncidence of death/ disease caused by unsafe natural/ occ environ. Prevalence ofassociated withPrev of disable Suicide ratesdeath rates comu diseasesmentally chall

Attributes of Right to Social SecurityIncome security for workers;Affordable access to health care;Family, child and adult dependent support; andTargeted social assistance schemes.

Attributes of Right to workAccess to decent and productive work;Just and safe working conditions;Training skill up-gradation & professional development; andProtection from forced labour & unemployment

Attributes of Right to EducationUniversal primary education;Accessibility to secondary and higher education;Curricula and educational resources; andEducational opportunity and freedom.

Attributes of Right to adequate housingHabitability;Accessibility to services;Housing affordability; andSecurity of tenure.

Attributes of Right to foodNutrition;Food safety and consumer protection;Food availability; andFood accessibility.

Attributes of Right to Fair TrialAccess to & equality before courts & tribunals;Public hearing by competent & independent courts;Presumption of innocence & guarantees in the determination of criminal charges; Special protection for children; andReviews by a higher court.

The FrameworkStructural IndicatorsProcess IndicatorsOutcome IndicatorsHuman Rights Standards & PrinciplesAttributes of a rightIndicators on Human Rights Principles

ParticipationEmpowermentAccountabilityNon-discrimination & equalityEffective remediesIndicators on Human Rights PrinciplesDisaggregated dataSubstantive & Procedural rightsGeneral Proxy indicators

Structural / Commitment IndicatorsReflect the ratification / adoption of legal instruments and existence of basic institutional mechanisms deemed necessary for facilitating realisation of the concerned human right.Process / Effort IndicatorsRelate the State policy instruments with milestones (which cumulate into outcomes that can be more directly related to realisation of right), hence capture accountability as well as the notion of progressive realisationOutcome / Result IndicatorsCapture attainments, individual and collective, that reflect the status of realisation of the human rights in a given contextConfiguring Indicators for Human Rights Attributes

OHCHR Approach : Main features Framework supports a common approach for ESCR and CPR indicators - indivisibility of human rights--- holistic strategies;Collectively, the indicators capture linkage between States commitment of HRS with efforts undertaken to meet those obligations, as well as the consolidated outcomes of the efforts;Focus on translating systematically, consistently & comprehensively universal human rights standards into contextually relevant indicators;

Main features of the approachEmphasis on disaggregation of data / indicators by prohibited grounds of discrimination; Focus on indicators reflecting HR concern of non- discrimination & importance of an individuals access to relevant goods & services;Focus on use of objective data generating methods (and not perception based data) with emphasis on making use of commonly available information for HR assessments;Focus on quantitative indicators to complement qualitative & quasi-judicial assessments of TBs;

Main features of the approachIndicators focus on primary duty bearer, also cover NGOs & role of international cooperation;Indicators focus on scope and recourse to judicial remedy and cover quasi-judicial & administrative remedies;Framework facilitates consistent, comprehensive & contextually relevant identification of indicators across human rights.

Monitoring Human Rights ImplementationRights based monitoring requires:Certain institutional arrangement for data collection ; Making a distinction between data providers and data interpreters from human rights perspective Focus on specific data that embodies and reflects realisation of human rights, Focus on the most vulnerable and marginalised population groupsDisaggregation of data is important, but equally important is the need to use specific indicators that explicitly reflect human rights standards and principles

Challenges in undertaking Rights-based Monitoring Identification of monitoring stakeholders;Facilitation of a country owned monitoring mechanism; Identification of major vulnerable groups;Focus on non-discrimination and accessibility indicatorsCapacity building for data collection and disaggregation Reporting periodicity, publication, access to information and follow-up

Some other Challenges ..Piloting & country level validation of identified indicators; Simplifying terminologies & harmonising different approaches towards a common framework Moving the information base for human rights indicators more-&-more into the domain of administrative or official statistics

Human Rights Indicators : where are we?Validation of work: expert consultations, country level piloting of identified indicators with UN agencies, NHRIs & other national stakeholdersList of illustrative indicators developed so for on:Right to lifeRight to liberty and personal securityRight to participate in public affairsRight not to be subjected to tortureRight to a fair trialRight to freedom of opinion and expressionRight to adequate foodRight to healthRight to adequate housingRight to educationRight to workRight to social security

Status of international human rights instruments as of 21 Jan 2005 Ratification of 13 Core Human Rights Treaties and Optional Protocols