Recent trends in the rights-based development agenda - with an eye on

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Oct 28, 2013 (3 years and 7 months ago)

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Recent trends

in the

rights
-
based development agenda
-

with an eye on

child rights and development

Gabriele
Köhler

Development economist

Member, UNICEF
NatCom

Germany


Lecture series:



Human Rights and the
UN
-

Between Ambition and Reality


University of Bayreuth

Model United Nations University of Bayreuth, UNICEF
Hochschulgruppe

Bayreuth,
Amnesty International Bayreuth and Global Change Ecology

10 January 2013

7 questions

1) Where are we headed?

2) Where are we coming from?

3) How does this affect child rights?

4) What does macroeconomics need to do?

5) What does human rights soft law contribute?

6) What has been the recent trajectory of human
rights discourse at multilateral agencies?

7
) What is happening with human rights and
development discourse within countries?










QUICK
QUIZ:

What is this text?

When was it written?




Everyone,

as

a

member

of

society,

has

the

right

to

social

security

and

is

entitled

to

the

realization,

through

national

effort

and

international

co
-
operation

and

in

accordance

with

the

organization

and

resources

of

each

State,

of

the

economic,

social

and

cultural

rights

indispensable

for

his

dignity

and

the

free

development

of

his

personality
.


Everyone

has

the

right

to

work,

to

free

choice

of

employment
,

to

just

and

favourable

conditions

of

work

and

to

protection

against

unemployment
.

Everyone,

without

any

discrimination,

has

the

right

to

equal

pay

for

equal

work
.

Everyone

who

works

has

the

right

to

just

and

favourable

remuneration

ensuring

for

himself

and

his

family

an

existence

worthy

of

human

dignity,

and

supplemented,

if

necessary,

by

other

means

of

social

protection
.

Everyone

has

the

right

to

form

and

to

join

trade

unions

for

the

protection

of

his

interests
.


Everyone

has

the

right

to

rest

and

leisure
,

including

reasonable

limitation

of

working

hours

and

periodic

holidays

with

pay
.






1) Where are we headed?


MDGs

2002
-
2015


2) Where are we



coming from?

The “99%” movements

10

Working poverty trends

63.6

56.4

56.2

50.5

50.1

48.3

47.4

46.9

46.4

45.1

43.7

43.0

40.0

39.0

37.6

36.8

34.0

32.4

32.0

31.1

30.9

30.9

30.3

29.3

28.0

28.0

27.0

27.0

26.0

25.6

25.0

24.0

23.0

0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
Country
comparison:
Gini

coefficients


Income/economic class


Ethnicity


Religion


Language


Caste/
clan


Age


Geographic location/urban versus rural


Citizenship and migration status


Health
condition/communicable/visible diseases


Ability/disability


Menstruation


Sexual
orientation


Recurrent
emergency situations


Conflict situation


Looks


Social exclusions


manifest in every society

GENDER



Low coverage of social security:
Maternity benefits


Low coverage of social security

Old age pension coverage



3) How does this affect
child rights?

Children under 5:

underweight (2011)

Children under 5:


underweight by wealth quintile

Causes of under
-
five deaths in 2008

Primary school net enrolment

/net attendance ratio

Gender parity index (GPI)

in primary education

4) What does

macroeconomics

need to do?


Austerity politics


Areas of concern


Policies for economic growth with redistribution and
equity


Fiscal policy:



raising resources to improve social services;


subsidies to address price spikes;


“ring
-
fencing” social expenditures


Social protection schemes for families


as anti
-
cyclical measure


to prevent child poverty


because of social justice


Assure decent work for adults


UN
-
wide response to economic crisis

May 2009


UNICEF multidimensional

child poverty research

5) What does

human rights soft law

contribute

to the larger context?


Universal Declaration of
Human Rights (
UDHR)

(1948)


“The inherent dignity of all members of the
human family is the foundation of freedom,
justice and peace in the world”


Human rights are universal and are to be
enjoyed by all people, no matter who they are
or where they live.


UDHR includes:



civil and political rights, such as the right to life,
liberty, free speech and privacy.


Economic, social and cultural rights such as the right
to social security, health and education.

The Universal Declaration of Human Rights


Covenants

International Covenant on Economic, Social and Cultural Rights
(1966)
• commits its parties to work toward the granting of
labour

rights, the right to social security, family life, adequate standard of
living, health, free education and participation in cultural life:


“The ideal of free human beings enjoying freedom from fear and want
can only be achieved if conditions are created whereby everyone
may enjoy his economic, social and cultural rights, as well as his civil
and political rights”


International Covenant on Political and Civil Rights
(1966) commits its
parties to respect the civil and political rights of individuals,
including the right to life, freedom of religion, freedom of speech,
freedom of assembly, electoral rights and rights to due process and
fair trial.




Convention on Elimination of

All Forms of Racial Discrimination
(CERD) (1969)

commits its members to the elimination of racial
discrimination, promotion of understanding among all
races, condemnation of apartheid, outlawing hate
speech, dispute resolution and individual complaint
mechanisms:


“Convinced that any doctrine of superiority based on racial
differentiation is scientifically false, morally condemnable,
socially unjust and dangerous, and that there is no
justification for racial discrimination, in theory or in
practice, anywhere (…) the existence of racial barriers is
repugnant to the ideals of any human society”

Convention on the Eradication of

All Forms of Discrimination

against Women (CEDAW) (1979)

commits its parties to enshrine gender equality in their
domestic legislation, repeal all discriminatory
provisions in their laws, enact new provisions to
guard against discrimination against women


“…the full and complete development of a country, the
welfare of the world and the cause of peace require
the maximum participation of women on equal terms
with men in all fields.”

The Convention on the

Rights of the Child (
CRC)
(1989)

commit its parties to ensure a child’s survival,
development, protection and participation rights:


“In all actions concerning children, whether
undertaken by public or private social welfare
institutions, courts of law, administrative
authorities or legislative bodies,
the best
interests of the child
shall be a primary
consideration.”


The Convention on the

Rights of the Child (
CRC)
(1989)


Freedom of expression, thought, conscience, religion


Right to identity and registration


highest attainable standard of health


right to benefit from social security


primary education compulsory and available free to all


The development of the child's personality, talents and
mental and physical abilities to their fullest potential


right of the child to be protected from economic
exploitation


right of the child to rest and leisure

Child
labour

6) What has been the recent
trajectory of human rights
discourse at multilateral
agencies?

Normative frameworks:
recent UN trends


World Health Assembly (WHO 2008)
-

return to Alma Ata
vision of
primary health care for all


Right to food, FAO
Committee on World Food Security (May
2012) adopted
Voluntary Guidelines on the Responsible
Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security


Right to social protection (ILO, June 2012)
Social Protection
Floor





ILO’s

two
-
dimensional strategy

for the extension of social security
:

Building
comprehensive

social

security

systems

Outcomes can be
guaranteed through
different means



there is

no one
-
size
-
fits
-
all

Social Protection Floor
Recommendation, adopted at ILC
2012

42


individual/household income

Social Protection Floor:

Access to essential health care

and basic income security for all

Social security benefits

of guaranteed levels

Voluntary insurance

under government
regulation

level of
protection

high

high

low

low

Horizontal
dimension
:

Guaranteeing

access

to

essential
health

care


and

minimum

income

security

for

all,

guided

by

Recommendation

No
. 202

Vertical

dimension
:

progressively

ensuring


higher

levels

of

protection
,
guided

by

Convention

No.102

and

more

advanced

standards

floor level

extension
strategy

OHCHR Special
Rapporteurs
/Independent
Experts on human rights


right to
education
;


right to
freedom

of
religion
;


human
rights

and extreme
poverty
;


right to
food
;


right to
adequate

housing
;


access to safe drinking water and sanitation
;


against

violence

against

women
;



physical and mental health;


economic policies and debt;


TNCs
;


and
other

substantive

normative
areas
.


7
) What has been
happening with

human rights and
development discourse
recently within countries?

Right to food/
National
Food Security Act

(IND)


Mid
-
day meal (IND)


Right to education (all)


Right to work (IND)


Right to health services
(all)


Right to information
(IND, BGD, NPL)


Cooked school
meals (IND)


Subsidized PDS
(IND, NPL, BGD)


Subsidized grain
prices




Universal old age
pension (NPL)


Benazir Income
Support Program
(PAK)


Child benefit (NPL)


Unorganized sector
health insurance (IND
)


Direct Benefit Transfer
(DBT) (IND)

National Rural
Employment

Guarantee (IND)


Employment
Generation for hard
core poor (BGD)


Karnali

Employment
Program (NPL)


Employment
generation for rural
unskilled workers (PAK)


Secondary school
stipend for girls
(BGD)



Education for all
(NPL)


Child grants for girls
(IND)


Rural development
and community
based interventions
(IND)

Direct food


transfers

Social

Assistance

Job

Creation

Affirmative
action

Human
rights

Some South Asian policy responses

Social protection


policy environment

Rights based

Draw
on and
gives space
to civil
society and
public
action

Commonalities

Social protection
innovations in South Asia

46

Tax financed

Citizenship

based

Designed by
government
w

civil society
content

Establishes
entitle
-

ments

for socially
excluded

groups

Access to information


Child rights advocacy in Germany

UNICEF and other agencies are proposing a new article to
amend the German Constitution (
Grundgesetz

der

Bundesrepublik

Deutschland)

(1)

Every child has a right to the development of her
physical and intellectual capacities, for the optimal
development of her personality.

(2)

The government respects, protects and promotes the
rights of the child. It supports parents in their
responsibility to raise and educate the child.

(3)

Every child has right to participation in matters
concerning the child. Her views are to be taken into
consideration in an appropriate fashion, depending on
age and development.

(4)

The child's wellbeing is primary in all government
action concerning rights and interests of children.

Background reading

Gabriele Koehler, Des Gasper, Richard Jolly, Mara
Simane
, 2012.
Human
Security and the Next Generation of Comprehensive Human
Development Goals

Journal of Human Security Studies Vol.1, No.2,
Summer 2012. pp.75
-
93.

http
://www.janp.sfc.keio.ac.jp/JAHSS/journals/JOHSR_vol1
-
2.pdf)



Richard Jolly. 2012. UNICEF, Economists and Economic Policy. Isabel Ortiz et
al: Child poverty and inequalities. 2012. UNICEF New
York
http
://www.unicef.org/socialpolicy/files/
Child_Poverty_Inequality_FI
NAL_Web_web.pdf


Isabel Ortiz & Matthew Cummins. 2012. A Recovery for all. Rethinking Socio
-
Economic Policies for Children and Poor Households. UNICEF New York.
http://www.unicef.org/socialpolicy/files/A_Recovery_for_All_FINAL_Web.
pdf

http://www.unicef.org/socialpolicy/files