use to determine whether government departments are doing all they should
to implement this right? Clearly certain steps must be taken: non-discrimination
laws must be enacted. However, these are more often benchmarks rather than
indicators. How is one to say whether the law is working or not? Does measuring
the rise or fall in employment of women illuminate discrimination adequately?
Are rates of pay a better test? Is it vital to report on the sorts of jobs that women
are employed to do? Would an increase in complaints of gender discrimination
indicate that discrimination was on the increase, or that women were being
empowered by the law to assert their rights?
Measuring the impact of NHRIs is even more difficult. To do this, it will be
important to reach firm conclusions not only about the general state of human
rights, but about the effect of the NHRI’s actions. If gender discrimination has
declined, how far was this the result of the institution’s work and how far were
separate factors responsible? Moreover, NHRIs may have a positive impact,
though overall respect for human rights may decline; or they may have no
positive impact though the overall situation may improve.
In summary, benchmarks have a normative content; they identify minimum
standards that should be achieved. Indicators, by contrast, are precisely what
the word implies: they signal changes in direction or illuminate trends. It follows
that indicators can be used to help national human rights institutions judge
whether their objectives and benchmarks are being achieved.
Benchmarks set out minimum conditions that need to be
in place if a national institution is to achieve its objectives.
Indicators provide information about progress, i.e.,
whether a national institution is making ground towards its
objectives or continues to respect its benchmarks.
10 Assessing the Effectiveness of National Human Rights Institutions
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