II. >> C onceptualizing Indicators for Human Rights
>> The conceptual framework
in accessing education and enjoying their right
to education in that country. The situation could
then be subjected to a further qualitative analysis
to arrive at a more definite assessment of
discrimination. In certain instances, indicators like
“proportion of employees (e.g., migrant workers)
who report discrimination and abuse at work” or
especially “proportion of employers choosing the
candidate of the majority ethnic group between
two applicants with exactly the same profile and
qualification except for their ethnic background”
allow a more direct assessment of discrimination
faced by certain population groups in a society.10
Also, in reflecting the cross-cutting norm of
non-discrimination and equality the emphasis has
to be on indicators that capture the “accessibility”
to, and not just the “availability” of, such goods
and services that allow an individual to enjoy
her/his rights.
A cross-cutting norm may also be addressed as
a “procedural right” that has a bearing on the
realization of a specific “substantive right”; hence,
it is defined in reference to that right.11 Thus,
compliance with the norm of “access to remedy” in
the context of freedom from torture or cruel,
inhuman or degrading treatment or punishment
could be captured using an indicator like the
“proportion of victims of sexual or other violence
with access to appropriate medical, psychosocial
and legal services”. Similarly, compliance with the
norm of non-discrimination in the context of the
right to education, as a substantive right, could be
captured using an indicator like the proportion of
school-age girls actually enrolled in school to the
proportion of boys in the same age group enrolled
in school.
For the human rights principle of participation,
the aim is to reflect whether segments of the
population in a country have been participating
in the adoption of measures that the duty bearer is
implementing and that concern its obligations
(e.g., proportion of targeted populations reporting satisfaction with how involved they feel in
decision-making affecting their enjoyment of
the right to adequate housing, or access of
targeted populations to channel(s) of participation
in decision-making or implementation of programmes
by the State in fulfilling its human rights
obligations), or the extent to which they have
been consulted in the selection of indicators
included in the country’s reporting procedure
(see chap. V). At a more aggregate level, changes
in the magnitude of indicators, like the Gini
coefficient,12 that reflect the distribution of household consumption expenditure or income to
assess whether the development process in a
country is encouraging participation, inclusion
and equality in the distribution of returns, could
be used as proxy indicators.13 Indicators on work
participation and educational attainment of the
population, in general, and of specific groups,
in particular (for instance, women and minorities),
could also be useful in this context (see further
discussion in chaps. IV and V on specific examples
of indicators to capture cross-cutting norms as well
as the right to participate in public affairs).
Finally, the first steps in the implementation of
the principle of accountability are already being
taken as one translates the normative content
of a right into relevant and reliable quantitative and qualitative indicators. Indeed, the
availability of information sensitive to human
rights, and its collection and dissemination through
independent mechanisms using transparent
10. See chap. IV, table 13 on non-discrimination and equality and box 23.
11. Substantive rights have a relatively clear content and may also have a “level/progressive” component in their realization, such as
the right to education or the right to participate in public affairs. The procedural rights like the right not to be discriminated against
or the right to remedy are critical to the process of realizing substantive rights and may be easier to define in the specific context of
substantive rights.
12. See glossary of statistical terms.
13. Ibid.
40 Human Rights Indicators
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