II. >> C onceptualizing Indicators for Human Rights
>> Some considerations in conceptualizing the indicators
C. Some considerations in conceptualizing the indicators
1
Strengthening the interdependence
and indivisibility of human rights
By emphasizing the need to measure commitmentsefforts-results and the use of uniform categories of
indicator clusters for both sets of human rights, civil
and political rights, as well as economic, social and
cultural rights, the adopted framework bridges the
artificial divide between them and reinforces the
importance of their interdependence and indivisibility (see chap. I, sect. D 5).
2
Measuring obligations to respect,
protect and fulfil
By using the configuration of structural-processoutcome indicators in undertaking human rights
assessments, the framework supports the selection and
development of indicators that reflect the obligations
to respect, protect and fulfil. While there is no automatic correspondence between the three obligations
and the structural, process and outcome indicators, the
different kinds of obligations can be covered by the
three categories of indicators.
It has been suggested that instead of identifying and
developing structural-process-outcome indicators for
each human rights attribute, it may be desirable to
identify indicators under the three State obligations
to respect, protect and fulfil for each human rights
attribute. There are at least two reasons for choosing
the former in the framework. First, this categorization
builds on tools and classifications that are already
widely used in the development policy context
and are likely to be more familiar to policymakers
and implementers, human rights and development
practitioners, who are part of the target audiences
for this work. In fact, the use of structural, process and
outcome indicators in promoting and monitoring the
implementation of human rights helps in operationalizing, and perhaps also demystifying, the notion of
human rights among those who are not familiar with
the human rights discourse but are expected to mainstream rights in their work. The proposed configuration helps in extending the reach of the human rights
discourse beyond the confines of legal and justice
sector discussions.
Second, it may not always be possible to identify
an indicator that reflects uniquely one of the three
types of obligations. Often, an indicator based
on the commonly available administrative and statistical data may end up reflecting more than one
kind of obligation, which may not be very desirable if the intention is to build a structured, common
and consistent approach to developing indicators
across all human rights.14 Having said this, in the
selection of indicators for a human right, an attempt
should be made to include structural, process and
outcome indicators, particularly process indicators, that make it easier to assess the implementation of the said obligations. In certain instances,
it is possible that certain attributes of a right
are mostly related to one or the other type of
obligation. For instance, the attributes “use of force
by law enforcement officials outside detention”,
“conditions of detention”, and “community and
domestic violence” for the right not to be subjected to
torture or to cruel, inhuman or degrading treatment or
punishment are respectively linked mainly to the
obligations to respect, fulfil and protect.
14. Without further investigations, it will be difficult to assign a high mortality rate or a lack of access to effective remedies to a single
obligation to respect, protect or fulfil rights.
42 Human Rights Indicators
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