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The HRBA recognizes that duty-bearers are notalways able to comply with their obligations andduties for several reasons. For example, parents don’t always have adequate knowledge andresources to take their children to the hospital fortreatment and the medical staff may not have themedication and equipment needed for making anappropriate diagnosis and providing treatment;the district health officer has resource limitationsthat affect the quality of provided treatment, andthe government, as ultimate duty-bearer shouldhave made the necessary budgetary allocation tothe health sector to ensure that the child’s right tohealth and wellbeing is fulfilled.Due to these different factors, these duty-bearers are not able to protect and fulfill a child’s rightto health and wellbeing. This makes all actorsinvolved in development cooperation projects,including NGOs, accountable for working withlocal partners to strengthen the capacity of theduty-bearers to become more effective in realizing their duties.Figure 1. HRBA Two-fold ObjectiveThe HRBA is also a tool to reach people who arethe poorest and most vulnerable. It allows theviews of the people (rights-holders) to be takeninto account in such communities through activeengagement and participation, providing comprehensive understanding of the problems at handand their causes and consequences. The HRBAensures that projects aren’t planned in isolationfrom reality and without an understanding of theconcerns of the perspective of rights-holders andduty-bearers. The process through which concrete results are achieved is fundamental in allHRBA-based project planning. The process is asimportant as the results. Therefore, the HRBA is atool for empowerment: one that acknowledges that the situation of people cannot changefor the better without people’s ownership.Over the last decade, human rights have gainedprominence as a universal set of norms and standards that are increasingly shaping the programsand activities, including within the United Nations(See Figure 2. UN’s Statement on CommonUnderstanding of Human Rights Based Approachto Development Cooperation and INTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland9

It is widely recognized that promoting and protecting human rights is crucial for achievingpeace, sustainable human development, democracy and security, and that these aspirations andcommon goals are inseparably linked and interdependent. An approach based on human rightsis more and more regarded as an essential toolfor achieving sustainable development outcomes.The many benefits of the HRBA can be summedup as follows: Promotes realization of human rights and helpsgovernment partners achieve their humanrights commitments; increases and strengthens the participation ofthe local community; improves transparency; promotes results and aligns with resultsbased management, which is used to ensureand measure aid effectiveness; increases accountability; reduces vulnerabilities by focusing on themost marginalized and excluded in society; more likely to lead to sustained change ashuman rights based programs have beendesigned to have impact on cultural and socialnorms and values, structures, policy, andpractice.Figure 2. UN’s Statement on Common Understanding of HumanRights Based Approach to Development Cooperation and ProgramsGOALAll programs of development cooperation,policies and technical assistance shouldfurther the realization of human rights aslaid down in the UN Declaration of HumanRights and other international humanrights instruments.PROCESSHuman rights standards and principlesguide all development cooperation andprogramming in all sectors and phases ofthe programming process.OUTCOMEDevelopment cooperation contributesto the development of the capabilities of’duty-bearers’ to meet their obligationsand/or of ’rights-holders’ to claim theirrights.There are some clear differences between projects that are implemented using the HRBAframework and those that are not. The key differences can be simplified and summarized asfollows (See Box 1: Key Differences BetweenHRBA and Non-HRBA Projects):Box 1. Key Differences Between HRBA and Non-HRBA ProjectsHRBA PROJECTNON-HRBA PROJECTProject target group is identified as active actors andagents of change (rights-holders & duty-bearers)Project target group is often perceived as passive,receiving ‘aid’ (beneficiaries)Participation is crucial to provide a voice in theprocessParticipation is limitedParticipants gain awareness of rights and how todemand their fulfillment, as well as, how to fulfill theobligations and duties towards rights-holdersRights are not discussed openly and directlyFocus is on violated, unfulfilled rightsFocus is on needsProcess is as important as resultsResults are often seen more important than processINTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland10

EXAMPLE OF A HUMAN RIGHTSBASED APPROACH TO HEALTHA human rights based approach to health uses a combination ofsupport and pressure to urge government departments to makebasic health care accessible and affordable for all people in thecountry. It supports people and organizations in demandingbetter health services from the government and from other dutybearers: allocating the health budget in a way that benefits thepoor rather than the rich, making health services more patientfriendly, making health insurance affordable for all people,providing access to safe drinking water, or controlling pollutingindustries. Far from creating dependency, such an approachempowers people to take action to claim their due, rather thanpassively accepting whatever the government is willing to givethem. Adopting a human rights based approach to developmenthas implications for programming:BROAD GOAL: A clear focus on children and their rights.EQUITY AND NON-DISCRIMINATION: A focus on the worstrights violations and on the most marginalized children.ACCOUNTABILITY: Strengthening the accountability of dutybearers for children’s rights at all levels. This should be achievedthrough a combination of direct action for children’s rights,changes in laws and policies, institutional practices and adult’sattitudes and behaviors.PARTICIPATION: Empowering rights-holders (children, adultsand civil society institutions) to demand child rights. Thepromotion of children’s participation in society and in programs.BEST INTERESTS OF THE CHILD: Programming based on whatis in children’s best interests in the short and long term.LINKAGES: Working with other government and nongovernment agencies towards common rights-based goals. 2INTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland11

Elise RehulaINTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland12

THE NATIONAL FRAMEWORK OF THEHRBA IN FINNISH DEVELOPMENTCOOPERATIONThe roots of the HRBA for Finnish development liein Finland s international commitments to advancehuman rights, such as the core UN human rightstreaties (See Box 2: Core Human Rights Treaties).Finland has ratified numerous additional international conventions with a bearing on humanrights, including ILO Conventions. The HRBA inFinnish development cooperation guides development cooperation performed bilaterally, as projector program-based cooperation through local cooperation funds and Finnish NGOs, and multilaterally, through global, financial and regional partnerships and through institutional cooperation. HRBAin Finnish development cooperation is explicitlyreferred to in the following documents: Manual for Bilateral Programmes Development Cooperation Manual for NGOs Finland s Development Policy Programme2012 Implementing the Human Rights BasedApproach In Finland’s Development PolicyGuidelines Cross-cutting Objectives of DevelopmentCooperation – Guidelines HEL7215-63 3 Human Rights Strategy of the ForeignService of Finland Human Rights Action Plan of the ForeignService of Finland 2013-2015 4The integration of the HRBA into the Finnish national foreign policy and development cooperationagendas can be summarized in five points.First of all, Finnish development cooperation isbased on human rights.Secondly, it does so by supporting duty-bearersin fulfilling their obligations and rights-holders inclaiming their rights, especially with regards topeople who are among the most marginalized andvulnerable.Thirdly, the HRBA is used to contribute to therealization of the cross-cutting objectives of development programs and projects. Systemic application of HRBA ensures that the cross-cutting objectives are addressed at all levels and in all phasesof development cooperation and its managementcycle.Fourthly, the HRBA includes civil, political, economic, social and cultural rights, and freedoms.Fifthly, Finland proactively promotes the HRBA inits foreign and security policy, especially advocating it in the post-2015 process.Box 2: Core Human Rights TreatiesCORE HUMANRIGHTS TREATIES United Nations Charter Universal Declaration of Human Rights International Covenant on Civil and PoliticalRights (ICCPR) and its Optional Protocols International Covenant on Economic,Social and Cultural Rights (ICESCR) and itsOptional Protocol International Convention on the Eliminationof All Forms of Racial Discrimination (ICERD) Convention on the Elimination of All Formsof Discrimination Against Women (CEDAW)and its Optional Protocol Convention Against Torture and OtherCruel, Inhuman or Degrading Treatment orPunishment (CAT) and its Optional Protocol Convention on the Rights of the Child (CRC)and its Optional Protocols Convention on the Rights of All MigrantWorkers and their Families (ICRMW) and Convention on the Rights of Persons withDisabilities (CRPD) and its Optional Protocol.INTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland13

CORE PRINCIPLES OF THE HRBAThe principles of the HRBA should be appliedfrom the onset of project identification and formulation. First of all, all people everywhere in theworld are entitled to human rights. All individualsare equal as human beings by virtue of the inherent dignity of each human person. Secondly, allhuman beings are entitled to their human rightswithout discrimination of any kind, such as race,color, sex, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth, or other status. Thirdly,every person and all peoples are entitled to active,free and meaningful participation in, contributionto, and enjoyment of civil, economic, social, cultural and political development in which humanrights and fundamental freedoms can be realized.Therefore, it is important to consider: How rights-holders and concerned actors(duty-bearers) can participate in project identification, in particular at the situation analysisstage (See pg. 22). Their participation ensurestheir voice is heard, they participate in gathering data for the situational analysis, are askedto contribute to sources of information, andparticipate in the analysis itself. How people affected by the problem take partin decision making during both the planningprocess and the project implementation. How it is defined who are affected by theproblem, who are the vulnerable, and who arethe marginalized.In order for a project to be human-rights based, itis essential that the planning process, includingsituational analysis in the beginning of the planning process, is conducted following the humanrights principles. In other words, human rightsprinciples guide all programming in all phasesof the programming process including assessment and analysis, planning and design (including setting of goals, objectives and strategies);implementation, monitoring and evaluation. (SeeFigure 3. Guiding Human Rights Principles in AllProgramming Phases).INTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland14

Figure 3. Guiding Human Rights Principles in All Programming PhasesUNIVERSALITY AND INALIENABILITY1Human rights are universal and inalienable. All people everywhere inthe world are entitled to them. The human person, in whom they inherecannot voluntarily give them up. Nor can others take them away fromhim or her. As stated in Article 1 of the UDHR, “All human beings areborn free and equal in dignity and rights”.INDIVISIBILITYHuman rights are indivisible. Whether of a civil, cultural, economic,political or social nature, they are all inherent to the dignity of everyhuman person. Consequently, they all have equal status as rights, andcannot be ranked, a priori, in a hierarchical order.2INTER-DEPENDENCE AND INTER-RELATEDNESS3HUMANRIGHTSPRINCIPLESThe realization of one right often depends, wholly or in part, uponthe realization of others. For instance, realization of the right tohealth may depend, in certain circumstances, on realization of theright to education or of the right to information.EQUALITY AND NON-DISCRIMINATION45All individuals are equal as human beings and by virtue of theinherent dignity of each human person. All human beings areentitled to their human rights without discrimination of any kind,such as race, color, sex, ethnicity, age, language, religion, politicalor other opinion, national or social origin, disability, property, birthor other status as explained by the human rights treaty bodies.PARTICIPATION AND INCLUSIONEvery person and all peoples are entitled to active, free and meaningfulparticipation in, contribution to, and enjoyment of civil, economic, social,cultural and political development, through which human rights andfundamental freedoms can be realized.ACCOUNTABILITY AND RULE OF LAW6States and other duty-bearers are answerable for the observance ofhuman rights. In this regard, they must comply with the legal norms andstandards enshrined in human rights instruments. Where they fail todo so, aggrieved rights-holders are entitled to institute proceedings forappropriate redress before a competent court or other adjudicator, inaccordance with the rules and procedures provided by law.INTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland15

Elise RehulaINTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland16

THE POOREST, WEAKEST, MOSTMARGINALISED AND VULNERABLEIt is important to recognize that the voices, views,opinions, and experiences of the most marginalized are often undermined by the strongest. Inreality, not all people have an equal opportunityto participate: especially those who are vulnerable, disadvantaged and marginalized due to attributes such as age, gender, class, ethnicity, religion, economic situation, sexual orientation andso on. The government of Finland pays particular attention to the rights and equal opportunities of people in such situations. The followingpeople have been highlighted for particular focus.CHILDRENThe fact that children (persons below the ageof 18) are dependent on adults for survival, areusually physically weaker and can be influencedor manipulated by adults, who have the powerto make decisions in society, often gives thema lower status in most societies. In almost allcountries of the world, children are denied political power as they cannot vote and are left out ofdecision making. In most countries, parents arepermitted to punish their children physically, forexample, by hitting them. Psychological punishment and cruelty are noticed in only in extremecases as there are no outward signs and it is notmentioned by the victims. Children’s lower statusin society also means they are more vulnerableto sexual abuse and other forms of violence andexploitation (e.g. child labor) which is detrimental to children s education and both physical andmental wellbeing and development.According to the Convention on the Rights of theChild, states are legally responsible for ensuringallocation of adequate resources for their citizensthrough provision of basic social services in healthand education to enable parents to fulfill theirresponsibilities to the child. According to UNICEF,the concept of child poverty is based on access toa number of specific economic and social rights.These rights include freedom from material andsocial deprivation, premature death, hunger, malnutrition, and lack of access to clean water, sanitation, education, health care and information. 5WOMEN (gender equality)Women’s situation in the world has not changedsignificantly during the past two decades. Theoften quoted UN statistic still holds true: “Womenwork 2/3 of the world’s working hours but earn10% of the world’s income and own less than 1%of its property”. There is ample evidence of thediscrimination and violation of women’s rights allover the world. Particularly women who are poor,GENDERrefers to the social attributes and opportunities associated with being male andfemale. These attributes, opportunitiesand relationships are socially constructed and are learned through socializationprocesses. They are context/ time-specific and changeable. Gender determineswhat is expected, allowed and valued ina woman or a man in a given context. Inmost societies there are differences andinequalities between women and menin rights and responsibilities assigned,activities undertaken, access and control over resources, as well as decisionmaking opportunities. Gender is part of thebroader socio-cultural context.UNWOMENINTRODUCTION TO THE HUMAN RIGHTS BASED APPROACH, UNICEF Finland17

illiterate, disabled, and those who live in ruralareas, have several children, have no cash work,etc., are often invisible in the society and, therefore, are easily ignored by civil servants, decision makers and even program planners. In SubSaharan Africa alone, the majority of the femalepopulation fall into this category of invisible members of society. It is a known fact that women donot have the same access to education, capital,and resources as men. Yet, women play a key rolein the wellbeing of the household and childrenand, consequently, they need to be recognizedas equal and active members in a society and beempowered to demand their rights.According to the MFA of Finland: “Gender equality is a human rights issue and thus essential fordevelopment and poverty reduction. Measuresthat strengthen gender equality and the status ofwomen promote well-being and economic development and lay the foundation for sustainabledevelopment.” 6PERSONS WITH DISABILITIESPersons with disabilities often experience discrimination in their everyday life. Discriminationdescribes a situation where an individual is disadvantaged in some way because of a ‘protectedcharacteristic’. Discrimination takes place in different forms. It can be direct or indirect, manifestin the form of harassment, or there can be directinstruction to discriminate.7 Direct discriminationis based on negative attitudes, prejudice, and/oron discriminatory legislation. Indirect discrimination, for example, can be caused by physical barriers, such as stairs as the only means to get to vitallocations, or by the use of media. For example,people who are visually impaired or have difficulties hearing cannot use media without assistance.Indirect discrimination is banned by internationallegal instrument and Finnish legislation.A general argument is that you seldom see children with disabilities in schools in Finnish development partner countries. The explanation is notthat poor parents do not have children with disabilities. Quite the contrary, disability is morecommon in poor populations, but children withdisabilities cannot get to school for a variety ofreasons. Obstacles to inclusion of children ofdisabilities include negative attitudes, prejudice,unsuitable transport, physical and legal barriers,study material and, generally, the lack of necessary support services.8 It should be noted thatindirect discrimination can also be based on prejudice and attitudes, but the difference is often thatdirect discrimination is based on intent to differentiate whereas indirect discrimination is a result ofnot considering the differentiate

framework for the process of human develop-ment that is normatively based on internation-al human rights standards and operationally directed to promoting and protecting human rights. The Universal Declaration of Human Rights (UDHR 1948) and other international human rights instruments form the core basis of the HRBA conceptual framework.