I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> Some concerns and misconceptions
may have to be tailored to the contextual needs of a
country. In general, both globally applicable as well
as context-specific indicators will be useful in human
rights assessments so long as they are anchored in
the universally applicable human rights standards.
As highlighted in chapter V, the development of
relevant indicators will also depend on the type
of process, in particular participatory processes
involving human rights actors, that the country
adopts to define, collect and disseminate them.
5
Relevance of indicators for both civil
and political rights and economic,
social and cultural rights
A major concern with the use of indicators for human
rights assessments stems from the fact that there is
no significant body of work in the literature, or in
practice, that uses a consistent and coherent framework to identify and develop those indicators.
For historical reasons and, perhaps, for the sake
of analytical convenience, two distinct approaches
have been used to monitor the realization of civil
and political rights on the one hand and economic,
social and cultural rights on the other. This has
contributed to an artificial dichotomy that is neither
desirable nor tenable in the face of the indivisibility
and interdependence of all human rights. The resulting ambiguity and complexity of the approaches
may have contributed to a certain scepticism about
the use of quantitative indicators for human rights
assessments, perhaps even holding back progress in
this area of work.
Traditionally, a violation approach has been used
for civil and political rights. It is based on the
consideration that the normative content of these
rights is explicit, the claims and duties are well
known, and the rights can be enjoyed as soon as
they are guaranteed by the State (see sect. A 2).
Thus, any outcome that violates the treaty provisions related to a human right can be used as an
indicator to monitor the implementation of that right.
For instance, the incidence of disappearance or arbitrary detention can be seen as a lack of enjoyment
or, more precisely, a violation of a certain aspect of
the right to liberty and security of the person and,
therefore, be used to monitor the implementation
of that right. The focus is essentially on monitoring the absence of negative outcomes. As a result,
such rights are often categorized as “negative”
human rights.
For economic, social and cultural rights, the general
practice has been to monitor outcomes related to the
progressive realization of these rights in accordance
with article 2 (1) of the International Covenant on
Economic, Social and Cultural Rights.25 Such rights
are perceived as resource-intensive and therefore
difficult to guarantee, particularly in developing
countries. Therefore, it is logical to monitor such
outcomes that can be related to the progressive
realization of these rights over time. Since the
relevant outcomes in this case are desirable,
positive and require proactive measures by States,
these rights have been often associated with
“positive” human rights obligations.
The use of distinct approaches and corresponding
methodologies to monitor the two sets of rights has
led to the presentation of human rights as positive
or negative rights. However, in practice all human
rights have positive and negative obligations and
their implementation could be associated with both
positive and negative outcomes. For instance, the
proportion of specific positions (e.g., seats in parliament or senior official positions) held by women can
25. “Each State Party to the [International Covenant on Economic, Social and Cultural Rights] undertakes to take steps, individually and
through international assistance and cooperation, especially economic and technical, to the maximum of its available resources,
with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate
means, including particularly the adoption of legislative measures.”
Human Rights Indicators
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