AFRO-NETS> The new UN human rights approach... (4)

[Claudio Schuftan <aviva@netnam.vn>]

The new UN human rights approach... (4)
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WHAT DOES THE NEW UN HUMAN RIGHTS APPROACH BRING TO THE STRUGGLE OF 
THE POOR?

Part 3

The Human Rights approach: Some Iron Laws

28. As the new era of Human Rights-based planning in development work 
gets under way, there are a number of iron laws that begin to gain 
acceptance. Among them, and in no particular order, I would say, are 
the following:

a) The struggle for Human Rights is more than a struggle to defend 
legitimate immediate interests, but is a struggle for universal jus-
tice. (20)

b) A right is a right only when it is universal; otherwise it is a 
privilege.

c) Human Rights have already been accepted by almost all countries as 
universal, indivisible principles. No further discussions are neces-
sary. The burden of compliance is now on the world's state parties.

d) Human Rights cannot be departmentalized and are obligatory, not 
optional for states. They require governments to undertake active and 
effective steps in this direction. Therefore, Human Rights begin at 
home. (8, 4)

e) Human Rights cannot be prioritized either. But actions to end 
their violation can. (2a)

f) The Human Rights approach places development work within an inter-
nationally recognized and legally binding normative framework (a sig-
nificant foundation that is currently absent from prevailing develop-
ment approaches and activities). (4, 21)

g) Rights can be usefully seen as the codification of needs, reformu-
lating them as ethico-legal norms and thus implying a duty on the 
part of those in power. (22)

h) The notions of duty and justice (.and merely not social responsi-
bility or compassion!) give rights their cutting edge. (23)

i) Justice is supposed to be the source of state power. Challenging 
states on the basis of justice as related toHuman Rights challenges 
their legitimacy. This is a very powerful challenge. (20)

j) Human Rights are inseparable from social justice. But to be effec-
tive, they require the adoption of appropriate policies and legisla-
tion at national and international level.

k) (Ergo,) To ensure that the values of Human Rights are respected, 
they have to be underpinned by international Human Rights law, and at 
the same time incorporated into national laws.

l) A lack of Human Rights means multiple denials. Therefore, poverty 
is the main obstacle to the attainment of Human Rights. (11, 4)

m) At the beginning of the 21st century, the implementation of the 
fundamental legal rights enshrined in the different Human Rights UN 
Covenants represents the right political approach to development, 
particularly because it allows us to identify and actively challenge 
the prevailing oppression of the poor and powerless in society.

n) Implementing a rights-based approach redirects the efforts in a 
way that optimizes the satisfaction of poor people's basic and other 
needs in a sustainable way. (24)

o) All unmet basic needs represent violations of rights. (2a)

p) Up until a specific right is realized, this right is to be consid-
ered violated. (2a)

q) There is a big difference between having basic needs and having 
universal rights: the latter can be legitimately claimed. (As opposed 
to rights, charity is given when convenient). (4)

r) The health sector and other social sectors are often left to deal 
with the results of Human Rights abuses. (4)

s) In Human Rights work, taking the first steps is the most impor-
tant; it is better to concentrate on a few practical issues and 
strive for an incremental progress in them. (11, 3)

t) In the national context, the best approach is to start using the 
Human Rights approach, not worrying about getting it perfect the 
first time around. (11)

u) One strategy can often be used to address the violation of several 
different rights. (2a)

v) Society produces endless 'justifications' for Human Rights viola-
tions which are often even accepted by the oppressed themselves. Hu-
man Rights work debunks these justifications. It liberates minds and 
mobilizes people. (20)

w) The ongoing feminization of poverty is a violation of Women's 
Rights. The time has come to call these realities what they truly 
are: Human Rights violations. New Human Rights legislation has, 
therefore, to incorporate a gender perspective. (21, 5)

x) The invisible hand of the market has no capacity to create a de-
cent Human Rights-based society for all. (22)

y) Human Rights facilitate the building of alliances --the joining of 
hands with millions of others-- since appeals for justice generate 
worldwide support for widely shared moral reasons.

z) A sub-set of iron laws pertains to the issue of power in society 
as it relates to enforcing Human Rights. They are as follows: (23)

i. Rights holders cannot only be passive beneficiaries of the duties 
of others.

ii. It is not good enough if the beneficiaries of the duties have no 
power or control over their enforcement (.i.e., they need to be em-
powered).

iii. Having a claim necessarily involves having (or getting) power.

iv. More specifically, to enforce a duty, the claim holder needs 
power over the duty bearer.

v. Claims are rather useless if there is no power to have duty bear-
ers enforce their public duties.

vi. A party other than the duty bearers have to possess power over 
the duties in order to make sure most public duties are enforced.

vii. In sum, power is the key relation in Human Rights. A right con-
fers power, i.e. the power to change some normative relations long 
taken as given --provided the system makes it possible for claim 
holders to do so. (.and we have to help making this possible).

viii. (Montesquieu had it right:) It is necessary from the very na-
ture of things that power should be a check to power.

29. The question we are left with when looking at these iron laws 
collectively is: Will our new delineation of a new Human Rights ap-
proach be any more capable of solving pending fundamental development 
issues? This question is pertinent at this point since it is the same 
fundamental issues which have been and are the central constraints 
that have limited progress and sustainability in prior development 
efforts. We are talking about the political constraints.

Claudio Schuftan
Hanoi, Vietnam
mailto:aviva@netnam.vn

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