I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> Some concerns and misconceptions
identify and develop specific human rights indicators, both qualitative and quantitative, that reflect
the unique aspects of human rights standards and
cross-cutting norms.24 That process also contributes
to clarifying the content of the right and making it
more concrete.
While disaggregated data are essential for addressing
human rights concerns, it may not be practical or
feasible always to disaggregate data at the desired
level. Disaggregation by sex, age, region or administrative unit, for example, may be easier than by
ethnicity, as identifying ethnic groups often involves
objective (e.g., language) and subjective criteria
(e.g., self-identification) that may evolve over time.
Although many population groups call for more visibility (for themselves) in statistics to inform on prevalent discrimination or disparities and to support
targeted policy measures, being identified as a distinct group may be a politically sensitive issue, which
may discourage disaggregation of data (chap. III,
box 9). The production of any statistical data also
has implications for the right to privacy, data protection and confidentiality, and may, therefore, require
consideration of appropriate legal and institutional
standards (see chap. III for further details).
3
Statistical averages vis-à-vis
information on individual cases
The use of statistical averages in human rights
assessments or data relating to the enjoyment of
human rights by specific population groups, such as
the most vulnerable or marginalized groups in a
society, may seem paradoxical. Moving from
national averages towards data that capture the
enjoyment of rights by every single individual would
appear more in line with a human rights approach.
It would enable an assessment of the extent of discrimination and inequality in the enjoyment of human
rights for every individual in a society. Besides the
fact that this is not generally feasible, focusing on
a subset of the population by using averages is not
in conflict with the notion of universality and inalienability of human rights. Indeed, both kinds of data
may be useful in undertaking human rights assessments. For example, data reflecting the efforts made
by a State to provide legal aid or public health
and sanitation free of charge to people could easily and meaningfully be captured at an aggregate
level of a community or an administrative unit of a
province. While data on torture would have to be
primarily captured through information on individual
cases, statistical surveys representative of the affected populations (e.g., prison population) can be a
complementary source of information to measure
the incidence of torture and other ill-treatment in the
country.
4
Universal vis-à-vis contextually
relevant indicators
Indicators can be more meaningful and are
more likely to be used when they are contextually
relevant. It may not be crucial to collect information
on mortality rates for malaria in a Scandinavian
country, where malaria is rare. However, in South
Asia or parts of Africa, the incidence of malaria
may be a good indicator for assessing the State’s
public health efforts in addressing critical right-tohealth concerns. At the same time, a case of torture
or forced eviction or information on the homeless is
likely to be relevant in most parts of the world. While
human rights are universal and every individual,
regardless of location, has the right to enjoy them
equally, there will be instances where indicators
24. In its general comment No. 3 (1990), the Committee on Economic, Social and Cultural Rights recognized that “in many instances
legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat
discrimination effectively in the absence of a sound legislative foundation for the necessary measures”.
22 Human Rights Indicators