UNDP-OHCHR TOOLKIT Culture of human rights: A way of life based on human rights, where respect for the fundamental dignity of each individual is recognized as essential to the functioning and advancement of society. It works to uphold each article of the Universal Declaration of Human Rights. are deeply intertwined with civil and political rights. For example, the right to speak freely means little without a basic education. Similarly, the right to work is diminished if you are not allowed to meet and assemble with co-workers to discuss work conditions. Declaration on Cultural Diversity: Adopted by the UNESCO General Conference on 2 November 2001. It acknowledges cultural heritage as a basic part of how human beings identify and express themselves. Specific examples include oral expressions and traditions, including language, performing arts, social practices, rituals and festive events, knowledge and practices concerning nature and the universe. Effective implementation: For a Party to an international agreement, refers to the successful process of adopting all relevant policies, laws and regulations, and undertaking all necessary actions to meet its obligations under the agreement. The assessment of effective implementation depends on a wide range of policy instruments such as programmes, directives and administrative measures. Actual practice must be assessed to determine whether it is in conformity with the measures and norms that have been put into place. Monitoring is an important means of ensuring that legislative and policy initiatives are being successfully implemented. NHRIs can use the results of monitoring activities to promote more effective implementation measures. Derogation: To abrogate, suspend or partially repeal a law by an act that limits its scope or impairs its efficacy and force. In terms of human rights treaties, derogation is a suspension of a right, which is only permissible in particular circumstances. For instance, the ICCPR limits derogations from the Covenant by states parties to times of official public emergency. Certain rights are “nonderogable” and therefore cannot be suspended under any circumstance. Detention: The act of holding an individual in custody. Detention also refers to confinement or forced delay. Domestic implementation: For a state that is a party an international agreement, the process of adopting all relevant national, regional, or local policies, laws and regulations, and undertaking all necessary actions to meet its obligations under the agreement. Dualist: Most common law jurisdictions are “dualist,” meaning that, as a general rule, an international instrument will only have legal enforceability if it has been incorporated into law by national legislation. For instance, Commonwealth nations such as Canada and India follow this common law tradition, as do most Anglophone nations in Africa. Economic, social and cultural rights: Economic, social and cultural rights (ESC rights) are the fundamental human rights that support and enhance human existence and dignity by assuring equality and preventing discrimination. ESC rights concern the necessities of life, including the right to enjoy one’s cultural identity and the benefits of development. Examples include the right to work; the right to an adequate standard of living, including food, clothing, and housing; the right to physical and mental health; the right to social security; the right to a healthy environment; and the right to education. These rights xiv Enabling law (or enabling legislation): The legal basis on which an entity depends for its existence, and which confers its lawful authority to act. NHRIs are creatures of statute and depend on enabling legislation for both their existence and legitimacy. Equality: The notion that all human beings are entitled to the same human rights without distinction. The equality principle is embodied in article 2 of the Universal Declaration of Human Rights. Equality does not necessarily mean treating people the same but rather taking whatever steps are necessary to promote a more just society for all. A distinction is often drawn between the interconnected concepts of formal and substantive equality. Formal equality assumes that equality is obtained if a law or a policy treats everyone, e.g. men and women, in the same way, or in a neutral manner. Substantive equality is concerned with the effects of laws and policies and with ensuring that they alleviate, rather than propagate, the inherent disadvantage experienced by traditionally discriminated groups, such as women. See also Montreal Principles. Establishment phase: The period immediately after the NHRI is established in law, when support will focus on structural issues, institutional development and the beginning of operations. Evaluation: Evaluation is a broad term that has a variety of meanings, depending on the context and the objectives. In the context of this manual, it is used to describe