II. >> C onceptualizing Indicators for Human Rights
>> The conceptual framework
monitoring bodies and other human rights mechanisms and instruments may remain quite general and
many human rights appear to overlap. So human
rights treaty provisions are not particularly helpful
in the identification of appropriate indicator(s).
As a starting point, it is therefore important that the
narrative on the legal standard of a human right is
transcribed into a limited number of characteristics
or attributes of that right. By identifying the attributes
of a right, the process of selecting and developing
suitable indicators or clusters of indicators is facilitated as one arrives at a categorization that is clear,
concrete and, perhaps, more “tangible”. Indeed,
the notion of attributes of a right helps in making the
content of a right concrete and makes explicit the
link between identified indicators of a right on the
one hand and the normative standards of that right
on the other.
There are three considerations that guide the identification of the attributes of a human right. These are:
To the extent feasible, the attributes should be
based on an exhaustive reading of the standard,
starting with the provisions in the core international human rights treaties, so that no part of the
standard is overlooked either in the choice of the
attributes of a particular human right or in identifying the indicators for that right;
To the extent feasible, the attributes of the human
right should collectively reflect the essence of its
normative content, be few in number and their
articulation should help the subsequent identification of the relevant indicators; and
To the extent feasible, the attributes’ scope
should not overlap. In other words, the selected
attributes should be mutually exclusive.
For those human rights for which illustrative indicators have been identified (see chap. IV), on average
about four attributes are able to capture reasonably
the essence of their normative content. Thus, for the
right to life, taking into account primarily article 3
of the Universal Declaration of Human Rights,
article 6 of the International Covenant on Civil and
Political Rights and general comment No. 6 (1982)
on the right to life of the Human Rights Committee,
four attributes, namely “arbitrary deprivation of
life”, “disappearances of individuals”, “health and
nutrition” and “death penalty”, were identified.
In addition, articles 10 to 12 of the International
Covenant on Economic, Social and Cultural Rights,
articles 5 (b) and 5 (e) (iv) of the International
Convention on the Elimination of All Forms of
Racial Discrimination, article 12 of the Convention
on the Elimination of All Forms of Discrimination
against Women, articles 1 to 16 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, article 6 of the
Convention on the Rights of the Child, article 9 of
the International Convention on the Protection of
the Rights of All Migrant Workers and Members of
Their Families, and article 10 of the Convention
on the Rights of Persons with Disabilities also
informed the selection of these attributes. Similarly, for the right to health, five attributes, namely
“sexual and reproductive health”, “child mortality and health care”, “natural and occupational
environment”, “prevention, treatment and control
of diseases”, and “accessibility to health facilities and essential medicines”, were identified.
They were based primarily on a reading of
article 25 of the Universal Declaration, article
12 of the International Covenant on Economic,
Social and Cultural Rights and general comment
No. 14 (2000) of the Committee on Economic,
Social and Cultural Rights, general recommendation
No. 24 (1999) of the Committee on the Elimination of Discrimination against Women, and general
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