The Rights-Based Approach to Development: Poverty as the failure to realize human rights

Amartya Sen and the

Evolution of the Concept of Poverty

Leland Joseph R. de la Cruz

Director, Development Studies Program

Reference

United Nations Philippines Rights Based Approach to Development Programming Training Manual

From basic needs to human rights

Basic needs and other human freedoms are rights or things people are entitled to.

By virtue of their being human, people have certain rights that must be respected, protected, fulfilled and provided.

Improvements made by the rights-based approach Emphasizes accountability Leads to empowerment Sets objective standards Protects vulnerable groups Holistic view of development Emphasizes process

Accountability

Impunity and lack of accountability hinder the realization of rights.

Lack of political will is an obstacle to the fulfillment of basic needs.

Needs must be met because they people have rights.

Needs can be met through charity and benevolence.

Rights-Based ApproachBasics Needs Approach

Empowerment

Rights are realized.Needs are met or satisfied.

People can demand for what they need because the fulfillment of these needs is their right.

People have to ask for what they need or rely on charity and benevolence.

Rights-Based ApproachBasics Needs Approach

Objective standards Universal Declaration of Human Rights Convention on the Elimination of All Forms of

Racial Discrimination (1966) and Discrimination Against Women (1979)

International Convention on Civil and Political Rights (1966) and Economic, Social and Cultural Rights (1966)

Declaration on the Right to Development (1986) Convention on the Rights of the Child (1990) Other conventions…

Vulnerable Groups

Convention on the Elimination of All Forms of Racial Discrimination (1966) and Discrimination Against Women (1979)

Convention on the Rights of the Child (1990)

Holistic view of development

Powerlessness is both a symptom and a cause of the problem.

The problem is lack of access to good quality commodities and services and powerlessness.

The problem is lack of access to good quality commodities and services.

Rights-Based ApproachBasics Needs Approach

Process

People are agents of change. They set goals and participate in implementation and evaluation.

People have a right to participate in their own development.

People are recipients of benevolent development programs.

Rights-Based ApproachBasics Needs Approach

What are the Obligations?

Respect human rights– Do not violate human rights

Protect human rights– Prevent others from violating human rights

Fulfill human rights– Facilitate the exercise of human rights. Remove

obstacles which impede some from enjoying opportunities available to others.

– Provide the right that some may not be able to realize on their own

Who are the Duty-Bearers?

Individuals Entities in the immediate jurisdiction of the

claim-holders– Local governance structures, local civil society

organizations Entities on higher levels

– National governance structures, national-level civil society organizations

External duty bearers

The State and the Rights-Based Approach to Development The State is the biggest threat to human

rights. The State is in the best position to protect

and fulfill human rights.

What are the Obligations of the State? Respect human rights

– Do not violate human rights

Protect human rights– Prevent others from violating human rights

Fulfill human rights– Facilitate the exercise of human rights. Remove

obstacles which impede some from enjoying opportunities available to others.

– Provide the right that some may not be able to realize on their own

Right to work and obligations of the State Obligation to respect: The state must not

discriminate with respect to government employment.

Obligation to protect: The state must protect its citizens against violations of labor standards.

Obligation to facilitate: The state must ensure availability of training services.

Obligation to provide: The state must work toward higher levels of employment in the country.

Progressive Realization

The State must take targeted and concrete steps to the realization of human rights.

The State must maximize its available resources for the realization of human rights.

The Rights-Based Approach to Development: Poverty as the failure to realize human rights

Amartya Sen and the

Evolution of the Concept of Poverty

Leland Joseph R. de la Cruz

Director, Development Studies Program