Rights holders

Who are they?

What are their claims?

Duty bearers

Who are they?

What are their duties?

Rights holders

Who are they?

What are their claims?

Duty bearers

Who are they?

What are their duties?

HRBA to Analysis:Role Analysis (II)

HRBA to Analysis:Role Analysis (II)

Check what the human right standards say about their claims and duties

Check what the human right standards say about their claims and duties

Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies

Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies

Main duties of the StateRespect

- Derogate laws and stop the application of policies that discriminate and limit the exercise of rights

Protect

- Regulate and control the activities of the public and the private sector

- Establish judicial and administrative mechanisms of redress and compensation

- Facilitate the investigation work of national institutions

Fulfil

- Formulate and implement policies and strategies aiming at the progressive realization of rights

- Provide public services effectively

- Assist populations in situations of emergency or vulnerability

Respect

- Derogate laws and stop the application of policies that discriminate and limit the exercise of rights

Protect

- Regulate and control the activities of the public and the private sector

- Establish judicial and administrative mechanisms of redress and compensation

- Facilitate the investigation work of national institutions

Fulfil

- Formulate and implement policies and strategies aiming at the progressive realization of rights

- Provide public services effectively

- Assist populations in situations of emergency or vulnerability

Problem: Disabled persons denied access to quality educationRight: Right to education

Rights Holders

Duty-bearers

Persons with disabilities

Claim: non-discrimination on access to primary and secondary education and equal treatment

School Administration Obligation: Improve physical accessibility, and provide materials in adaptable formats

District Administration Ob: Carry out regular inspections in public and private schools and address individual complaints

Ministry of Education Ob: Promote inclusive education policies, and revise the curricula

HRBA to Analysis:Capacity Gap Analysis (III)

HRBA to Analysis:Capacity Gap Analysis (III)

Capacity elements:

Responsibility/ motivation/

leadership

Authority

Access to and control over

resources

Communication/ Information

Capacity elements:

Responsibility/ motivation/

leadership

Authority

Access to and control over

resources

Communication/ Information

capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change

capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change

Treaty Bodies and Special Procedures can help identify capacity gaps

Treaty Bodies and Special Procedures can help identify capacity gaps

Capacity Gap Analysis

Responsibility/ Motivation• Is the duty bearer aware of his/her obligation?

• Does he/she feel an obligation to perform the role – if not why not?

• Is the duty bearer willing to take responsibility and provide leadership in ensuring the right is fulfilled?

Authority• Does the duty bearer have the authority to

perform the role implied by the obligation – if not, who does?

• Is the structure of accountability adequately defined and implemented to ensure that duties are performed in accordance with obligations?

Capacity Gap Analysis

Human Resources• Does the duty bearer have the necessary human

resources to meet his /her obligation – if not, what is missing?– Numbers, time, knowledge and skills, products and

services, opportunities for networking, infrastructure, support systems

Financial Resources• Does the duty bearer have adequate financial

resources to meet his/her obligation – if not, what is missing?

Capacity Gap Analysis

Capacity Gap Analysis

Decision Making & Communication• Access to adequate information to facilitate

evidence-based decision making

• The ability to learn by doing (lessons learned)

• Capacity to process, share and use information

• Capacity to communicate effectively up and down the hierarchy

Group Instructions:Role and capacity gap analysis

1. Take one causal chain

2. Identify Rights- Holders and Duty-Bearers, their roles and responsibilities

3. Identify related elements of capacity gap and write them on flipchart (using table format)

*Use the general comments and other documents from the treaty bodies as a tool for analysis.

Roles/Claims CAPACITY GAPS

Claim holder 1

- specific claim

Claim Holder 2

-specific claim

Roles /Responsibilities CAPACITY GAPS

Duty Bearer 1

-specific duty

Duty Bearer 2

-specific duty

• Once critical capacity development needs are identified…

• The next question: In which does the UNCT have comparative advantage?

• The answer to this question leads to a strategic human rights based UNDAF

Next Step

Strategic interventions