What is a human rights based approach to policy and decision making?

A Human Rights Based Approach (HRBA) is a way of empowering people to know and claim their rights, and increases the ability and accountability of individuals and institutions who are responsible for respecting, protecting and fulfilling rights.

This means raising awareness of what human rights mean and giving people greater opportunities to participate in shaping the decisions that impact on their human rights. It also means increasing the ability of those with responsibility to respect, protect and fulfil human rights. Using an HRBA which is integrated into policy-making, as well as the day to day running of organisations, ensures that standards are met for everyone.

There are some underlying principles which are important in applying an HRBA in practice, known as the PANEL Principles:

The principles of a Human Rights Based Approach: the PANEL Principles

There are some underlying principles which are important in applying a HRBA in practice, known as the PANEL Principles:

Participation

Everyone has the right to participate in decisions which affect their human rights. Participation must be active, free, meaningful and give attention to issues of accessibility, including access to information in a form and a language which can be understood.

Accountability

Accountability requires effective monitoring of human rights standards as well as effective remedies for human rights breaches. For accountability to be effective there must be appropriate laws, policies, institutions, administrative procedures and mechanisms of redress in order to secure human rights.

Non-discrimination and equality

A HRBA means that all forms of discrimination (such as age, gender, sexual orientation or ethnicity) in the realisation of rights must be prohibited, prevented and eliminated. It also requires the prioritisation of those in the most marginalised or vulnerable situations who face the biggest barriers to realising their rights.

Please refer to the Public Sector Equality Duty.

Empowerment of rights holders

Individuals and communities should understand their rights, and be fully supported to participate in the development of policy and practices which affect their lives. Individuals and communities should be able to claim their rights where necessary.

Leguality of rights

A HRBA requires the recognition of rights as legally enforceable entitlements, and is linked in to national and international human rights law.

PANEL	Principle	What this means for impact assessment
Participation	Everyone has the right to participate in decisions which affect their human rights. Participation must be active, free, meaningful and give attention to issues of accessibility, including access to information in a form and a language which can be understood.	Who are the groups or individuals most likely to be affected by the proposal? What methods would you use to ensure that those affected by the policy are involved in decisions that affect their human rights, in an active and meaningful way?
Accountability	Accountability requires effective monitoring of human rights standards as well as effective remedies for human rights breaches.	Who is responsible for making sure that human rights are respected, protected and fulfilled? What sources of evidence (qualitative and quantitative) are you aware of that would help to inform the policy? Are there procedures in place for staff or service users who feel that their human rights have been or are in danger of being breached to hold the organisation to account?
Non-discrimination and equality	All forms of discrimination on grounds such as age, gender, sexual orientation, ethnicity or "other status" (such as health status or poverty) in the realisation of rights must be prohibited, prevented and eliminated. Human rights also requires the prioritisation of those in the most marginalised or vulnerable situations who face the biggest barriers to realising their rights.	Have individuals or groups who are more vulnerable to human rights breaches been identified? How might the policy impact on these individuals or groups? Can you identify any actions that you could recommend that would lessen the negative impact of the policy?
Empowerment	Individuals and communities should understand their rights, and be supported to participate in the development of policy and practices which affect their lives. Individuals and communities should be able to claim their rights where necessary.	What information will those affected by the policy need in order to be able to effectively influence the decision?
Legality	An HRBA requires the recognition of human rights as legally enforceable entitlements, and is linked in to national and international human rights law.	What are the possible human rights impacts of the proposal? (Which rights might be engaged? What is the nature of those rights (are they absolute, qualified, limited or to be fully realised progressively)? If they are qualified rights, is any interference necessary to achieve a legitimate aim, and proportionate- that is the minimum necessary interference)