Transcript Slide 1
HRBA to Analysis: Role Analysis (II) Rights holders Who are they? What are their claims? Duty bearers Who are they? What are their duties? Check what the human right standards say about their claims and duties Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies Main duties of the State Respect - Derogate laws and stop the application of policies that discriminate and limit the exercise of rights Protect - Regulate and control the activities of the public and the private sector - Establish judicial and administrative mechanisms of redress and compensation - Facilitate the investigation work of national institutions Fulfil - Formulate and implement policies and strategies aiming at the progressive realization of rights - Provide public services effectively - Assist populations in situations of emergency or vulnerability Problem: Disabled persons denied access to quality education Right: Right to education Rights Holders Persons with disabilities Claim: non-discrimination on access to primary and secondary education and equal treatment Duty-bearers School Administration District Administration Ministry of Education Obligation: Improve physical accessibility, and provide materials in adaptable formats Ob: Carry out regular inspections in public and private schools and address individual complaints Ob: Promote inclusive education policies, and revise the curricula HRBA to Analysis: Capacity Gap Analysis (III) Capacity elements: Responsibility/ motivation/ leadership Authority capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change Access to and control over resources Communication/ Information Treaty Bodies and Special Procedures can help identify capacity gaps Capacity Gap Analysis Responsibility/ Motivation • Is the duty bearer aware of his/her obligation? • Does he/she feel an obligation to perform the role – if not why not? • Is the duty bearer willing to take responsibility and provide leadership in ensuring the right is fulfilled? Capacity Gap Analysis Authority • Does the duty bearer have the authority to perform the role implied by the obligation – if not, who does? • Is the structure of accountability adequately defined and implemented to ensure that duties are performed in accordance with obligations? Capacity Gap Analysis Human Resources • Does the duty bearer have the necessary human resources to meet his /her obligation – if not, what is missing? – Numbers, time, knowledge and skills, products and services, opportunities for networking, infrastructure, support systems Financial Resources • Does the duty bearer have adequate financial resources to meet his/her obligation – if not, what is missing? Capacity Gap Analysis Decision Making & Communication • Access to adequate information to facilitate evidence-based decision making • The ability to learn by doing (lessons learned) • Capacity to process, share and use information • Capacity to communicate effectively up and down the hierarchy Group Instructions: Role and capacity gap analysis 1. Take one causal chain 2. Identify Rights- Holders and Duty-Bearers, their roles and responsibilities 3. Identify related elements of capacity gap and write them on flipchart (using table format) *Use the general comments and other documents from the treaty bodies as a tool for analysis. Roles/Claims CAPACITY GAPS Claim holder 1 - specific claim Claim Holder 2 -specific claim Roles /Responsibilities CAPACITY GAPS Duty Bearer 1 -specific duty Duty Bearer 2 -specific duty Next Step • Once critical capacity development needs are identified… Strategic interventions • The next question: In which does the UNCT have comparative advantage? • The answer to this question leads to a strategic human rights based UNDAF