A Human Rights Approach to Humanitarian Programming for Children - What a Human Rights approach brings to programmes?

Last November, we celebrated the 30th anniversary of the International Convention on the Rights of the Child (CRC) and R&T is committed to a child rights based approach and programming. This treaty is the most widely endorsed human rights treaty in the history of the United Nations. It is based on the principles of human rights as articulated in the International Covenants, and reaffirms human rights as universal, indivisible and interdependent. 

Over the last decade, there has been growing interest from organisations on the new dimensions that a human rights perspective brings to the programming process. 

As former General Director of a child rights based organisation, I am going to share with you my beliefs on how important aspects of the programming processes should be approached so that the work of the NGOs and civil society contributes directly to the realisation of children’s rights. 

I will articulate my presentation as follows: 

After defining briefly what I mean about the rights approach, I will present the general implications for programming and advocacy and the changes it brings to children's rights. 

Part I: Definition of a Human Rights Approach 

What is a Rights Based Approach 

A child rights-based approach, based on the key rights in the Convention on the Rights of the Child, is one which sees each child as a unique and equally valuable human being (non-discrimination – Art. 2), with the right not only to life and survival, but also to development to their fullest potential (Art. 6). 

A child rights-based approach understands that children have the best understanding of their own situation - that they have essential experience to offer (participation – Art. 12), and that they deserve to have their best interests met (Art. 3) through the adequate allocation of resources and the implementation of all the rights in the CRC (Art. 4). 

A child rights-based approach requires implementation of international standards at all levels, by paying attention to a more holistic framework that can underpin the design and implementation of any programmes or reforms. 

At every stage of the process, one should be asking: 

• Is this proposed programme/reform in the best interests of the children? 
• Does it safeguard their life and survival and actively contribute to their development? 
• Have the children themselves been involved in planning and implementing it? 
• Is it reaching / taking into consideration the needs of all children, without discrimination against particular groups? 
• Are there adequate resources available? 

Analysis from a rights perspective should lead to an understanding of the mix of causes that together prevent some children from enjoying their rights. 

To deepen our understanding we must ensure that data is desegregated by sex, geographic origin, age and ethnicity in order to see disparities, which are more often mentioned by averages. 

A human rights approach to programming also calls for more integrated, cross-sectoral and decentralised activities, and for participatory approaches recognising that those we are trying to support/accompany are central actors all along the process of assistance. 

A rights based approach introduces the following additional important considerations: 

- the notion of the legal and moral obligation and accountability of the State and its institutions with regard to meeting the basic needs of its people, 

- the affirmation that children and women are subjects of rights, or in other words they are rights holders, not objects of charity. This change in attitude also initiates a process whereby children, within the context of their evolving capacities, participate in the processes and decisions that concern them and affect their lives. 

- Children as a Subject of Rights 

As rights holders, children have active roles to play in the enjoyment of their rights and in helping to define how these rights are to be fulfilled. 

This means that children’s opinions are important and their views and voices must be heard and taken into account concerning the realisation of their rights. They should also participate in decision-making processes that affect them, in ways that are appropriate for their age. 
The following are key guiding human rights principles, with specific reference to the CRC. It is essential to keep them in mind in negotiating and developing programmes. 

Key Guiding Principles 

Accountability & Duties 

States voluntarily acknowledge and accept obligations when they ratify human rights treaties. In doing so, they agree to implement these treaties and to be accountable for meeting the rights and providing for the needs of the people within their jurisdiction. Ratification also requires States to align their domestic laws with treaty provisions. 

States Parties must therefore be proactive in efforts to implement the rights recognised in the treaties they ratify. Ratification makes them legally accountable and opens the way for any NGOs, INGOs, UN agencies and other institutions to discuss issues with governments when children’s rights are not realised and to comment on progress. 

Characteristics of the CRC 

Here follows the main characteristics of the CRC 

- Universality 

Article 1 of the Universal Declaration of Human Rights states "All human beings are born free and equal in dignity and rights." This principle is the foundation of all human rights treaties. 

- Indivisibility and Interdependence of Rights 

The indivisibility and interdependence of rights means that all rights have equal status as rights and it is necessary to look holistically at the full range of human needs: physical, psychological, developmental, and spiritual. 

- Four Foundation Principles of the CRC 

The CRC Committee has also identified four CRC articles as "foundation" principles that underpin all other articles. 

a) Non-discrimination (article 2) 
The principle of non discrimination (on the basis of race, colour, gender, language, opinion, origin, disability, birth or any other characteristic) means that all children have the same right to develop their potential. Analytical categories can be discerned, such as gender, that will permit identification of discrimination. In programming, the disaggregation of indicators at least by age group, ethnic group, geographic area and gender are essential for making programming decisions that are rights sensitive. 

b) Best Interests of the Child (article 3) 

This principle emphasises the right of each child to express his or her views in all matters related to his or her life, in accordance with age and maturity. The CRC encourages appropriate participation of children in making decisions. 

c) Right to Life, Survival and Development (article 6) d) Views of the Child (article 12) 

The views and voice of children must be heard and respected. This principle is closely linked to the best interests of the child. 

Saying this, what will change as a result of the rights approach is the scope of the issues examined as the basis for programme assistance and development. 

A programming approach that is guided by CRC should clearly seek to create conditions that allow children to participate more fully in community life and in the development of policies that affect them. Such a focus also helps to create a climate for the broader acceptance of human rights principles and facilitates the orientation of national policy to build a value system that recognises human dignity, values and tolerance and acknowledges the rights of people to be partners in the development of their communities. 

Let's see now what are the programme implications when choosing a Human Rights Based Approach? 

Part II: Implications for Programming and Advocacy 

A human rights perspective change the way an organisation does things. Our strength will remain our ability to identify and respond in practical, country-specific ways to the situations that deprive children of their chance to realise their full human potential. The ability to influence, shape and help implement 
policies and programmes of action for children, to stimulate public dialogue on issues that affect the quality of children’s lives and to monitor and publicize progress for children should be reinforced. 

A rights perspective in programming requires that organizations empower their staff in public policy analysis and formulation, and develop a keen sense of the political processes that shape major social changes in a country. Organizations must promote the universally accepted standards of CRC and advocate for children effectively and appropriately. 

A rights perspective also implies the need to create alliances with other organisations, especially those whose mandates and roles are complementary. Such alliances are particularly important in volatile situations where the human rights of children are especially threatened. 

To be more specific, the general programme implications will mainly change the methodology for programming. 

The programming process is usually based on Assessment, Analysis and Action. It is a process of learning and doing, with no marked beginning or end. In recent years, the need has emerged to distinguish more clearly between the assessment phase process, and the analysis process. 

In the assessment phase, undertaken jointly with national and international partners, the condition of children and their families should be broadly examined. 

A rights perspective requires us to enhance the two processes of assessment and analysis through a full understanding of the legal framework of a country, and the factors that create and perpetuate discrimination and social exclusion and hinder many children from realizing their potential. A rights perspective, therefore, helps us to more fully understand how laws, social norms, traditional practices and institutional responses positively or negatively affect children and women. 

As organizations, our programmes will increasingly have to show what mix of the three fundamental programme strategies - advocacy, capacity-building and service delivery - is being pursued to address the immediate underlying and basic causes of problems. Obviously, the actions aimed at addressing basic or structural causes of problems will often require longer term strategies. The various obligations to respect, protect, facilitate and fulfil rights should be explicitly defined and broadly understood among all programme partners. 

Partners, Participation and Empowerment 
From a human rights perspective, broad participation is both a means and an end. The CRC stresses participation rights in particular, since traditionally children and women are those most marginalized and excluded from the processes of mainstream society. 

Rights are not realised in the things "we do for others." For EMDH, this concept means shifting away from an emphasis on social mobilization, away from creating a demand for goods, services and even rights to be granted or provided by "others." It will require instead that we engage communities and individuals in discussing what those services will include, how they will be organized and the role of the State and/or others in service delivery and follow-up. 

Conclusion 

When a government ratifies an international human rights instrument, it commits itself as well as all actors in society - the media, NGOs, civil society, associations and others – to ensure that those rights are recognised, respected and fulfilled. In this way, the rights approach to programming implies that national governments will expand the scope of participation to encompass society as a whole, assuming collective responsibility for both the fulfilment and monitoring of rights. 

From a human rights perspective, poor people must be recognised as the key actors in their own development rather than as the beneficiaries of commodities and services provided by others. This is the essence of empowerment and for this reason; empowerment should not be considered as a strategy, but as the necessary aspect of all strategies. Organizations need to ensure that the programmes supported develop genuine modes of partnerships and participation which include communities and local associations as full actors in their own development rather than as participants in projects which are planned and managed outside their sphere of influence. 

Children’s participation rights include their involvement in the social, cultural, political spheres of life. One of the more meaningful participatory roles of youth is in helping to determine their "best interests". Participation is an end in itself, and we must help to develop programmes that have exactly this as the main objective. 

The empowerment of children, their families and communities should certainly be an outcome of a rights-based programme approach. More than ever, country-level cooperation should emphasize the design of programmes that build strong communities and sustainable programme activity. Such an objective will probably require that country programme cooperation extends beyond community 
participation to community management of programmes and services, in partnership with NGOs, civil society organisations and local institutions. 

Roots & Transition is keen to focus on building the capacities of national organizations, members of the civil societies, public and private instittutions for the benefits of the children.