Rights-based approach to development is promoted by many development agencies and non-governmental organizations (NGOs) to achieve a positive transformation of power relations among the various development actors. This practice blurs the distinction between human rights and economic development. There are two stakeholder groups in rights-based development—the rights holders (who do not experience full rights) and the duty bearers (the institutions obligated to fulfill the holders' rights). Rights-based approaches aim at strengthening the capacity of duty bearers and empower the rights holders.
History
Human rights into development discourse Human rights came into global discourse after the United Nations passed the Universal Declaration of Human Rights in 1948. This was the first global recognition that all humans inherently have certain rights. United Nations endorsement of democracy had little to do with the UN's stance on development. Human rights became one of the major debates between the West and Communist states during the Cold War. Cold War dichotomy of right versus left defined power of the state and of the individual in aspects of society based on political affiliation. The end of the Cold War and the fall of the Soviet bloc left Western values and ideas, which remain one of the main ideologies of the world.
Human rights organizations such as Human Rights Watch and Amnesty International used to focus primarily on documenting human rights violations on the civil and political level. No longer do these organizations focus solely on human rights violations, but also on social, economic, and cultural rights."Our History ". Human Rights Watch. The evolution of human rights organizations and development organizations and the western idea that rights are asserted through responsibilities, duties, transparency, trust, and accountability have led to the development of the rights-based approach. In 1993 the UN held the World Conference on Human Rights in Vienna; during this conference they developed the Vienna Declaration and Programme of Action, where they linked democracy, human rights, sustainability and development. This made the Cold War division of Civil and Political Rights and Economic Social and Cultural rights interdependent. This further led to the linkage between human rights and development and enabled policy makers and developers to incorporate a rights-based approach into their policies.
In 1997, the Secretary General to the United Nations called to mainstream human rights into all work of the United Nations. Then in 2003, various organizations and agencies met to develop a "Common Understanding" of a human rights-based approach, consisting of six main principles: Universality and Inalienability Indivisibility Inter-Dependence and Inter-Relatedness Equality and Non-Discrimination Participation and Inclusion Accountability and Rule of Law
The United Nations developed this guide to address the significant changes occurring in the international development community with the adoption of human rights in development work. Since the UN published their standards and steps to a rights-based approach to development, many bilateral donor agencies, such as CIDA and DFID, and international NGOs such as CARE and Oxfam have taken similar steps.
Transition away from welfare model The welfare model has been rooted in Western developmental practices since the 20th century. In the welfare model, poverty is defined as the absence of a public good or knowledge. If the state or another vehicle, such as an NGO, provides the absent good, then poverty can be alleviated and development will occur. Billions of dollars have been poured into this approach, however despite some achievements there has not been success with this model. The gap between the rich and poor is widening and according to the World Development Report, nearly half of the world's population live on less than $2 a day.
This model lacks a way to hold governments accountable for their actions or inaction. It fails to address governments' inability to fulfill their citizens' rights either because of funding or knowledge. It also constructs the poor as objects of charity, predetermining their roles in civic society.
Due to the failures of the welfare model, NGOs reevaluated and transitioned more towards a rights-based approach to development. In this model, instead of the poor being constructed as charity they would be constructed as actors or rights holders. The NGOs' role is to help the poor overcome obstacles blocking their rights and give governments the tools and training to provide these rights.
Theories
Human rights The inclusion of human rights into development discourse has also brought along a certain language of rights. This brings a moral resonance to development rhetoric and makes it hard to avoid in today's discourse. Rights are defined as entitlements that belong to all human beings regardless of race, ethnicity, or socio-economic class; all humans, therefore, are rights holders, and it is someone's duty to provide these rights. Who is responsible to give these rights, in other words the duty bearers, has been largely debated. In rights-based approach it is the person's government that assumes the duty bearer position, but most of the time the said government does not have the resources to fulfill this role. This is where the NGOs come and try to help these governments fulfill their roles and duties to their people by giving them resources. These resources can be monetary or more sustainable such as training to government officials.
Currently there is an under-fulfillment of human rights, which has been directly linked with poverty. Poverty includes the assessment of standard of living, health, and well being. These are social and economic human rights, which have just recently been included in development discourse. First generation rights, or civil and political rights, have dominated public policy in the past. However, with poverty on the rise and public policy failing, social and economic rights are becoming increasingly important in development of policies.
Affluent or rich countries feel they should help the poor out of charity or humanity. Rights-based approach works to shift the paradigm away from charity and towards moral duty imposed on the world through the international consensus of human rights. NGOs are adopting the "full spectrum" of human rights into their development policies. Using human rights as their driving force, they are using rhetoric to develop a modus operandi that made political human rights effective.
Capacity building Capacity building is the ability of individuals, institutions, and societies to perform functions and solve problems. A goal of rights-based approach to development is to increase the capacity of both the duty bearers and the rights holders.
Key principles to increase capacity are sought to build upon existing capacities, ensure national engagement and ownership, and adjust to countries' needs as development occurs. In this method, the duty bearers and the rights holders both have an active role in development. The duty bearers are accountable for respecting, protecting, and fulfilling human rights; while the rights holders need to ask what they should do to help promote and defend their freedoms. This action keeps their governments accountable for creating sustainability.
Capacity building is an ongoing process, and is often intangible. This is why many nonprofit organizations have not been able to engage or transition more towards capacity building. Donors like to see tangible results or they like to see where their money is going. Also the success of nonprofit and NGOs is shown through tangible results, leading organizations more toward service delivery than capacity building.
International law The international recognition of human rights has been largely debated; there is acknowledgment but not institutional enforcement. NGOs that use a rights-based approach in policy decisions have a large problem with gaining legal status or enforcement of the human rights they are defending. They rely on publicly criticizing countries who make these violations.
There have been many international legal documents developed by the United Nations on behalf of human rights issues that all members of the UN have to abide by.
The Covenant on Economic, Social, and Cultural Rights (ICESCR) The Covenant on Civil and Political Rights (ICCPR) The Convention on Elimination of Racial Discrimination (CERD) The Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) The Convention on Rights of the Child (CRC) The Convention Against Torture (CAT) The Convention on Migrant Workers and Their Families (MWC)
Since the 1948 adoption of the Universal Declaration of Human Rights the international community has developed a legally binding framework for the protection of human rights. These legal documents have created norms and standards internationally.
Social contract theory The social contract theory proclaims that rights such as life, liberty, and property belong to the individuals and not to society. These rights existed before individuals entered civil society and by entering civil society, one is agreeing to a social contract. In this contract, the state has the right to enforce natural rights. The state breaks this contract if the rights of the people are broken or not secured. Today, social contracts come in the form of national constitutions, which provide rules explaining and protecting individual rights.
These rights are inherent, they are not granted by authority or any overriding principle. Human rights are recognized by all people making it universal and fundamental.
Downward accountability Within the realm of rights-based approach there is a theoretical relation to downward accountability in relation to development. This theory states what the rights are, who deserves the rights and what actors are responsible for ensuring these rights are secured. In development there is a focus on the responsibility of actors. Therefore, in relation to downward accountability it creates a power dynamic in development aid. NGDOs (non-governmental development organizations) focus on downward accountability to ensure the intended beneficiaries are being allowed their rights.O'Dwyer 2010
Practice Since the mid-1990s there has been a trend for NGOs and development donor agencies to combine the idea of development and human rights into the human rights-based approach to development. Although there has been an undertone of development within the association with human rights earlier than this time; it has been since the end of the 20th century when there were known links of combining development and human rights into the same efforts. This practice includes NGOs that are geared towards development as well as human rights. The donor agencies are now helping to fund this combination of human rights with development to become as effective as possible. Even human rights-based approach to development theories were involved with the Millennium Development Goals (MDGs). MDGs are the goals set forth by the UN member states to work for the alleviation of extreme poverty, fighting of disease, and other global problems.