I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> What are human rights?
The obligations to respect, protect and fulfil also
contain elements of the obligation of conduct and
the obligation of result. The obligation of conduct
requires action reasonably calculated to realize
the enjoyment of a particular right. For the right to
health, for example, it could involve the adoption
and implementation of a plan of action to reduce
maternal mortality. The obligation of result requires
States to achieve specific targets to satisfy a
substantive standard, such as an actual reduction
in maternal mortality, which can be measured by
a statistical indicator like the maternal mortality
ratio.6 Another type of obligation that also calls for
the development of indicators is the obligation to
monitor and report on the progress made towards
the realization of the human rights set out in the core
international human rights treaties, an immediate
obligation particularly emphasized in relation to
economic, social and cultural rights and in the
context of the rights of persons with disabilities.
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Cross-cutting human rights norms or
principles
The international human rights normative framework,
including the international human rights treaties and
the general comments and recommendations adopted by the bodies monitoring their implementation
(sect. B below), embodies cross-cutting human rights
norms or principles, such as non-discrimination and
equality, participation, access to remedy, access to
information, accountability, the rule of law and good
governance. These cross-cutting norms are expected
to guide the State and other duty bearers in their implementation of human rights. For instance, securing the
right to health requires non-discriminatory practices
by providers of health services, access to information
on the main health problems, access to remedy and
due process in the event of malpractice or ill-treatment
by health-care personnel, and participation in political decisions relating to the right to health at both the
community and the national levels.7 Accountability
and rule of law are closely related to the notion of
access to remedy, which is a critical element in the
human rights framework. In the event of a violation or
denial of rights, the human rights approach emphasizes the need to have available appropriate means to
seek and support redress, including by invoking
the right to remedy and to due process, and the right
to information.
Non-discrimination is at the heart of all work on
human rights. It is a cross-cutting human rights norm
that is invoked in all the international human rights
treaties and provides the central theme of several
international human rights conventions, such as
the Convention on the Elimination of All Forms of
Discrimination against Women or the Convention
on the Rights of Persons with Disabilities. The principle applies to everyone in relation to all human
rights and freedoms and it prohibits discrimination
on the basis of a list of non-exhaustive grounds
such as race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status.8 The principle of nondiscrimination is complemented by the principle of
equality, which, as stated in article 1 of the Universal
Declaration on Human Rights, lays down that all
human beings are born free and equal in dignity
and rights.
6. General comment No. 3 (1990) of the Committee on Economic, Social and Cultural Rights and the Maastricht Guidelines.
7. Equality and non-discrimination, participation, accountability and rule of law are also listed in “The human rights based approach
to development cooperation: Towards a common understanding among UN agencies” of the United Nations Development Group
(2003) (for details, see Frequently Asked Questions, annex II).
8. Several prohibited grounds of discrimination have been identified in the international human rights instruments and case law by their
monitoring bodies. See, for example, the International Covenant on Civil and Political Rights, articles 2.1, 3 and 26, and the International Covenant on Economic, Social and Cultural Rights, articles 2.2 and 3, Committee on Economic, Social and Cultural Rights
general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, and the cases of Ibrahima Gueye et
al. v. France (nationality) and Nicolas Toonen v. Australia (sexual orientation) by the Human Rights Committee.
Human Rights Indicators
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