II. >> C onceptualizing Indicators for Human Rights
>> The conceptual framework
comments Nos. 3 (2003) and 4 (2003) of the
Committee on the Rights of the Child. Article 6 (1)
of the International Covenant on Civil and Political Rights, article 5 (e) (iv) of the International
Convention on the Elimination of All Forms of Racial
Discrimination, articles 12 and 14 (2) (b) of the
Convention on the Elimination of All Forms of
Discrimination against Women, article 24 of the
Convention on the Rights of the Child, articles 28
and 43 (1) (e) of the International Convention on
the Protection of the Rights of All Migrant Workers
and Members of Their Families and article 25 of
the Convention on the Rights of Persons with Disabilities were also useful in identifying these attributes.
The use of such attributes in the identification of indicators demonstrates the mutually supportive role of
interpretive practices and the application of indicators. Treaty body practice, and in particular general
comments/recommendations, has been instrumental
in the selection of attributes. Identifying indicators
for each attribute will, then, assist the treaty body in
assessing compliance with and further developing
the interpretation of the treaty provision.
It is sometimes suggested, for instance in the case
of most economic, social and cultural rights, that a
generic approach should be adopted to the identification of attributes or indicators based on the notions
of adequacy, accessibility, availability, adaptability,
acceptability and quality that are defined in the
general comments adopted by the Committee on
Economic, Social and Cultural Rights.3 These are
the principles that are expected to guide the duty
bearer in facilitating and providing relevant “goods
and services” to the rights holders, in the course
of meeting its human rights obligations. They do
not in themselves replace the relevant treaty provisions. They also have to be interpreted specifically
for each human right. For instance, “accessibility” (i.e., physical accessibility, affordability and
non-discrimination) will generally be more pertinent than merely the “availability” of goods and
services in measuring the realization of economic,
social and cultural rights.4 Similarly, the definition
of “adequacy” for the right to adequate food or the
right to adequate housing has to be based on the
respective standards. Just as it is not easy or appropriate to follow this generic approach consistently
across economic, social and cultural rights, it is not
feasible for the identification of attributes of most civil
and political rights either. These principles, however,
have a role to play in the selection of the indicators
for different attributes of a right (see chap. IV, sect. C).
Having identified the attributes, the next step is
to have a consistent approach to selecting and
developing indicators for the normative standards
and the obligations related to those attributes.
This step requires considering different types of indicators to help capture the different facets of human
rights implementation.
3. See, for instance, its general comments on the rights to food, housing, health and education.
4. It will usually be more important to know if targeted persons or rights holders have effective access to food than if the food is
available nationwide. Likewise, knowing the proportion of people who have regular access to a medical doctor will be more
relevant than knowing the total number of doctors in a country. Nevertheless, data on indicators reflecting availability are often
more easily compiled and may be of critical importance in assessing the realization of certain rights, such as the right to food and
in particular issues of national food security and self-sufficiency.
32 Human Rights Indicators