IV. >> Illustrating the Framework - Indicators for Some Rights
>> Selecting the indicators
The development of attributes for human rights
standards, such as the rights and themes included
in this Guide, have been reviewed and validated by
experts. Therefore, it may not be necessary to identify them afresh since, once identified, attributes of a
right will be equally applicable to most contexts as
the underlying human rights standards are universal.
However, in those countries where domestic law
improves on international human rights treaty provisions, it may be desirable to rework the attributes
in conformity with the applicable national and inter-
national human rights standards. The contextualization of human rights standards should essentially
be carried out in the selection of indicators for the
attributes. The steps for identifying attributes are
outlined in figure VIII. The steps are also relevant to
identifying the attributes of a human rights issue, such
as violence against women (see the next section for
details). In that case, instead of the treaty provisions,
the conceptualization of the issue along with the
applicable human rights standards will guide the
process of identifying the attributes.
C. S
electing the indicators
In selecting indicators, the conceptual link with human
rights attributes or the human rights standards that
these attributes reflect is of prime importance. At the
same time, the available empirical evidence on the
performance of the identified indicators is an equally
important consideration in the selection. In the context
of the Guide, the metadata sheet on an identified indicator helps in clarifying this selection. The metadata
highlight key information on the indicator, including
terminology and common formulation of the indicator,
standard international or national definitions, data
sources, availability, level of disaggregation, and information on other related and proxy indicators.
1
Steps in selecting structural, process
and outcome indicators
It is useful to keep the following considerations in mind
when selecting indicators in each of the three categories (fig. IX). Given an attribute of a right, the first
step is to identify a structural indicator. It is necessary
to study and compare the prevalent legal framework
related to that right in the country with the corresponding international human rights standards. An indicator
is then formulated to help monitor and in some cases
even expedite the incorporation of relevant human
rights provisions into the country’s legal framework.4
Thus, an indicator like the “date of entry into force
and coverage of the right to non-discrimination and
equality, including the list of prohibited grounds of discrimination in the constitution or other forms of superior
law” is useful in assessing a State party’s commitment
to meeting its obligations arising from having signed
and ratified core international human rights treaties.
The other important consideration in formulating a
structural indicator is to seek information that shows
how the State’s commitment, as reflected in the enactment of domestic human rights law, is translated into
an enforceable programme of action stemming from
that standard. Such information is captured in structural indicators on public policy documentation, for
instance, by the indicator “time frame and coverage of
policy or programme against workplace harassment”.
4. For States with dualist legal systems, international law is not directly applicable. It must be translated into national law and existing
national law that contradicts international law must be modified or eliminated. However, for States that follow a monist legal
system, ratification of international law immediately incorporates it into national law.
Human Rights Indicators
77
Hedef paragraf seç3
Bir paragrafa bağla
Connect to an entity
Disable highlights
İçindekiler tablosuna ekle