II. >> C onceptualizing Indicators for Human Rights
>> The conceptual framework
Structural indicators have to focus first and foremost
on the nature of domestic law in relation to a specific
right—i.e., whether it incorporates the required international standards—and the institutional mechanisms
that promote and protect those standards. Structural
indicators also need to look at the State’s policy
framework and strategies as applicable to that right.
These are particularly important for furthering the
implementation of human rights. A national policy
statement on a subject is expected to outline the
Government’s objectives, policy framework, strategy
and/or concrete plan of action to address issues
under that subject. While providing an indication
of the commitment of the Government to addressing
the subject, it could also provide relevant benchmarks for holding the Government accountable for
its acts of commission or omission concerning that
subject. Moreover, a policy statement is a means of
translating the human rights obligations of a State
party into an implementable programme of action
that helps in the realization of human rights. It is
therefore important that, in identifying structural indicators for different rights, an attempt is made to highlight the need to have specific policy statements on
issues of direct relevance to the implementation of
those human rights.
Some structural indicators may be common to most
human rights while others are relevant to specific
human rights or only to a particular attribute of
a human right. Thus, structural indicators like “the
proportion of international human rights instruments
ratified by the State (from a list of selected human
rights treaties, protocols, conventions of the International Labour Organization (ILO), etc.)”, “existence
of a domestic bill of rights in the constitution or other
forms of superior law”, “type of accreditation of
national human rights institution (NHRI) according
to the rules of procedure of the International
Coordinating Committee of National Institutions”,5
and “number of non-governmental organizations
and personnel (employees and volunteers) formally
involved in the protection of human rights at domestic
level” are relevant for monitoring the implementation
of all human rights and, hence, could be reflected in
the tables of illustrative indicators for those rights or
in the preamble to those tables. On the other hand,
indicators like “time frame and coverage of national
policy for persons with disabilities” or “date of entry
into force of code of conduct for law enforcement
officials, including rules of conduct for the interrogation of arrested, detained and imprisoned persons”
are specific to a particular human right or to some
attributes of a right (see chap. IV, tables 1 to 14).
Several structural indicators are explicitly reflected
in the treaty provisions, as they clearly spell out the
normative commitment. This is true, for instance, of
the indicator “time frame and coverage of the plan
of action adopted by the State party to implement
the principle of compulsory primary education
free of charge for all” (International Covenant on
Economic, Social and Cultural Rights, art. 14) or
the various structural indicators relating to norms on
access to due process of law. The recommendations
adopted by human rights mechanisms, including the
treaty bodies, special procedures mandate holders
and in the context of the universal periodic review,
also contain explicit references to structural indicators (e.g., the adoption of specific laws, provisions
or programmes and the establishment of national
institutions and mechanisms), as well as to outcome
and process indicators.
5. The accreditation procedure is more specifically conducted by the Sub-Committee on Accreditation (see also indicator 5 and its
metadata in annex I).
Human Rights Indicators
35