Right Based Approach

Definition of Right Based Approach(RBA)
A right based approach is framework that integrates the norms, principles, standards and goals of the international human rights system into the plants and process of development. It is characterized by
methods and activities that link the human rights system and its inherent notion of power and struggle with development. Right based approach is able to recognize poverty as injustice and include marginalization, discrimination and exploitation as central cause of poverty. In right based approach, poverty is never simply the fault of the individual, nor can its solution be purely personal. A central dynamic of right based approach is thus about identifying root cause of poverty, empowering right-holders to claim their rights and enabling duty bearers to meet their obligation.
Features of Right Based Approach(RBA)
The acknowledgement that severe poverty is a human rights violations and that poverty in itself is a root cause of a number of human rights violations. Looking at poverty through a lens of justice calls attention to fact that poverty is something that often is imposed on people as an active act of discrimination and marginalization. Its also calls attention to what is done. Every human being is a right-holders and that every human rights has a corresponding duty bearers.
A Right Holder
A right holder is entitled to rights. It is entitled to claim rights. It is entitled to hold the duty bearers accountable. It has a responsibility to respect the rights of others. Consequently, those who have the obligation to respect, protect and fulfill the rights of the right-holders are duty-bearers. The overall responsibility for meeting human rights obligation meets with the state. This responsibility includes all the oragans of the state such as parliament, ministries, local authorities, judges and justice authorities, police, teachers or extension workers. All these are legal duty-bearers.
Highlight of Right Based Approach (RBA)
RBA offers a framework to address the problem of the poorest and most vulnerable human beings. RBA has considerable potential to achieve positive change in people's lives due to its focus on injustice, inequality, discrimination, exploitation and denial. RBA offers better focus on root cause of poverty by stressing the accountability of duty-bearers. RBA offers a dynamic view on poverty by including a focus on power balances and politics through the inclusion of the full range of inalienable and indivisible rights. RBA offers legitimacy through a common and internationally recognized framework for development. RBA understands poverty not only as a personal circumstances, but places it within the context of the community, the government and international society. RBA recognizes and assists states in fulfilling their international obligations towards their citizen without discrimination. RBA enhances empowerment by building accountable relations between state structure, social groups and the individual.
Principles of Right Based Approach
(1) Participation
Everyone has the right to participate in decisions which affect their human rights. Participation must be active, free and meaningful, and give attention to issues of accessibility, including access to information in a form and a language which can be understood.
In relation to the care of older people this means that individuals should participate in all decisions about the care and support they are receiving. This could range from participation in the commissioning and procurement of social care services by local authorities to participating in daily decisions about the care and support being received.
There is a lot of guidance about how care providers can involve people who use care services and their families and friends, such as the Care Commission’s guidance for care service providers, ‘Involving people who use care services and their families, friends and supporters.
(2) Accountability
Accountability requires effective monitoring of compliance with human rights standards and achievement of human rights goals, 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.
Effective monitoring of compliance and achievement of human rights goals also requires development and use of appropriate human rights indicators.
(3) Non-discrimination and equality
A human rights based approach means that all forms of discrimination in the realisation of rights must be prohibited, prevented and eliminated. It also means that priority should be given to people in the most marginalised or vulnerable situations who face the biggest barriers to realising their rights. Giving priority and suport, principally and in practice, to the most marginalized and vulnerable society and to the groups most affected by rights, violation and abuses regardless of gender, age, ethnicity, religion, health status, etc.
There are times when older people receiving care and support services can be amongst some of the most vulnerable and marginalised people in our society - a human rights based approach means we must pay particular attention to the protection and realisation of their rights. Sometimes, because of their age, older people are discriminated against in access to services or in opportunities to express their views. Older people also have different identities based on their gender, ethnicity, religion and many other grounds. Each of these identities should be respected when receiving care and support services.
(4) Empowerment
Everyone is entitled to claim and exercise their rights and freedoms. Individuals and communities need to be able to understand their rights, and to participate fully in the development of policy and practices which affect their lives.
This means that everyone, including older people, should understand what their rights are and how they can claim these rights. Achieving this may require the provision of appropriate advocacy support.
(5) Legality
A human rights based approach requires that the law recognises human rights and freedoms as legally enforceable entitlements, andthe law itself is consistent with human rights principles.
Care providers and all other accountable bodies must be sure that their practices and procedures are grounded in human rights law. Under the law they must not breach the human rights of anyone.
(6) Commission work

A human rights based approach for ageing and health. Human rights based approach is vital to adress the challenges in indigenous communities. Submission to Inquiry into Slavery, Slavery-like conditions and People Trafficking.