Food for the most principled thoughts
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Human Rights Reader 90
HUMAN RIGHTS PRINCIPLES: WHAT THEY MEAN IN PRACTICE
Universality and indivisibility
1. Every woman, man, and child is entitled to enjoy her or his
human rights simply by virtue of being human. It is this univer-
sality of human rights that distinguishes them from other types
of rights --such as citizenship rights or contractual rights.
The principle of universality requires that no group, including
geographically remote communities, be left out of the reach of
development assistance and public policies. Despite widespread
recognition of the universality principle, many still question
its validity. This is easily countered by applying what has been
called the Ramcharan test of universality. "Just ask any human
being: Would you like to live or die? Would you like to be tor-
tured or enslaved? If there is any critic of universality who
would argue that an individual would choose death to life, and
serfdom to freedom, let us hear from that critic."
2. Human rights are indivisible. Enjoyment of one right is indi-
visibly inter-related to the enjoyment of other rights. For in-
stance, enjoyment of the highest attainable standard of health
requires enjoyment of the rights to information and education,
as well as the right to an adequate standard of living. All hu-
man rights --civil and political; economic and social--should be
treated with the same respect. Policies and programs should not,
therefore, be aimed at implementing one particular right alone.
However, the fact that all human rights should be accorded the
same respect does not preclude priority-setting in programming
support. The scarcity of the resources and institutional con-
straints often require us to establish priorities, for instance
favouring the rights to food, basic education, and health.
3. Poverty encroaches on a set of rights that cannot be subdi-
vided into separate rights. Some insist on the immediate protec-
tion of civil and political rights, while conceding that eco-
nomic, social, and cultural rights depend on affordability. This
distinction is artificial, for two reasons: first, there is no
clear-cut division between civil/political rights and socio-
economic rights; second, all rights have resource implications.
By ratifying human rights conventions, a state takes-on the ob-
ligation to provide material assistance and to support pro-
grammes for the poor, including through international coopera-
tion.
Equality and non-discrimination
4. Human rights are for everyone, as much for people living in
poverty and social isolation as for the bright and educated. In-
ternational law prohibits discrimination in the enjoyment of hu-
man rights on any ground, such as race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth, or other status. The term, "or other status" is
interpreted to include personal circumstances, occupation, life
style, sexual orientation and health status. People living with
HIV and AIDS, for instance, are entitled to the enjoyment of
their fundamental human rights and freedoms without any unjusti-
fied restriction.
5. Equality also requires that all persons in a society enjoy
equal access to the available goods and services that are neces-
sary to fulfil basic human needs. It prohibits discrimination in
law or in practice in any field regulated and protected by pub-
lic authorities. Thus the principle of non-discrimination ap-
plies to all state policies and practices, including those con-
cerning healthcare, education, access to services, travel regu-
lations, entry requirements and immigration.
Participation and inclusion
6. An essential principle of the international human rights
framework is that every person and all peoples are entitled to
participate in, contribute to, and enjoy civil, economic, so-
cial, cultural and political developments in which human rights
and fundamental freedoms can be realised. This means that par-
ticipation is not simply something desirable from the point of
view of ownership and sustainability, but rather a right with
profound consequences for the design and implementation of de-
velopment activities. It is concerned with access to decision-
making --and is critical in the exercise of power.
7. The principles of participation and inclusion mean that all
people are entitled to participate in society to the maximum of
their potential. This, in turn, necessitates the provision of a
supportive environment to enable people to develop and express
their full potential, voice and creativity.
Accountability and the Rule of Law
8. States have the primary responsibility to create an enabling
environment in which all people can enjoy their human rights,
and are obliged to ensure that respect for human rights norms
and principles is integrated into all levels of governance and
policy-making. The principle of accountability is essential for
securing an enabling environment for development. Human rights
do not simply define the needs of people, but recognise people
as active subjects and claim-holders, thus establishing the du-
ties and obligations of those responsible for ensuring that
needs are met. As a consequence, the identification of duty-
bearers has to feature as an integral part of program develop-
ment.
9. Rights themselves must be protected by law. Any dispute about
them is not to be resolved through the exercise of arbitrary or
discretionary procedures, but rather through adjudication by
competent, impartial, and independent processes. These proce-
dures will ensure full equality and fairness to all parties, and
determine the question at issue in accordance with clear, spe-
cific, and pre-existing laws, known and openly proclaimed. All
persons are equal before the law, and are entitled to equal pro-
tection. The rule of law ensures that no one is above the law,
and should ensure that there is no impunity for human rights
violations.
Claudio Schuftan
Ho Chi Minh City, Vietnam
mailto:claudio@hcmc.netnam.vn
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Taken from Urban Jonsson (Senior Advisor on Human Rights-Based
Programming, UNICEF), 'A human rights-based approach to program-
ming (HRBAP)', Final Draft (25 June 2004).