A. Assessing the human rights situation This study cannot discuss in detail how NHRIs should analyse the human rights situation in their countries; to do so would require a separate study. However, to assess the impact and relevance of their programmes and activities, and to set their priorities, NHRIs will need to make a sound analysis of their ­environment – and will want to develop some indicators to track changes in it. For this ­reason, we include some remarks on this application of indicators. National institutions need a methodology to determine how far human rights are respected, protected and fulfilled in their countries. Useful indicators will need to measure not only the government’s commitment to human rights, but the ­enjoyment of rights by the population (inputs as well as outputs) – for ­example, the amount spent on education and its real impact on school ­ enrolment, ­improved literacy, and so on. Moreover, indicators should be both dynamic and comparative – able to ­measure progress and regression over time. They may take account of how far governments allocate resources to fulfilling rights rather than on other items of expenditure, as well as to measure inequality in the provision of rights. Indicators regarding discrimination NHRIs very often monitor discrimination. To do so, it is usually necessary to break down statistical social indicators, in terms of gender, age, ethnic or social origin, religion, and so on. To see whether the right to education is enjoyed in a non-discriminatory way, for example, statistics on school enrolment can be disaggregated to determine the enrolment of girls or minorities which can then be compared to the average of the population as a whole. To assess the extent to which women participate in political life, NHRIs can collect data on the proportion of women who are candidates for election, are elected to public office, or occupy senior positions in public institutions. Under the rights framework, governments have an obligation to protect and fulfil impoverished or other marginalised groups’ rights. If certain social provisions are not fulfilled because resources are unavailable, NHRIs can assess whether the burden is spread fairly or shouldered by one section of society (which may amount to deliberate discrimination). NHRIs should ensure that the indicators they use provide enough information about groups they deem at risk.  Indicators are used increasingly to monitor human rights. A prominent example is the ­Human Development Index in the UN Development Programme’s Human Development Report (http://hdr.undp.org), which integrates a variety of indicators dealing with human rights and development.  Most human rights thinkers now see three related sets of obligations in relation to rights: ­respecting rights is the obligation not to do something that would interfere with the ­enjoyment of rights (no arbitrary arrest or eviction from homes); protecting rights is the obligation to ­ensure that other bodies, such as individuals, businesses or foreign governments, do not ­prevent enjoyment of rights (no-one held in servitude; equal pay for comparable work); and fulfilling rights is the obligation to take steps to make all necessary provisions for the ­enjoyment of rights (establishing an independent judicial system; providing affordable ­housing). Assessing the Effectiveness of National Human Rights Institutions 31

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