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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