A/HRC/25/27
includes appropriate legal frameworks and institutions as well as political, managerial and
administrative processes responsible for responding to the rights and needs of the
population.”5 Moreover, “governance is central for effective policy formulation and
implementation, including for the integrated delivery of essential services, such as
education, water, sanitation and health.”6
10.
In resolution 19/20, the Human Rights Council outlines the following good
governance principles: accountability, transparency, integrity, non-discrimination,
participation, equality, efficiency and competency. Many of these principles overlap as
human rights principles, though it is essential that when the two concepts are linked, good
governance should ideally be defined and guided by existing normative interpretations of
these human rights principles and human rights standards more broadly. This general
approach of using human rights as a guide can also apply to good governance principles
such as integrity, which is not a human rights principle per se, but in the context of good
governance, integrity is a key element that completes the notion of accountability and
transparency.
III. How can a human rights-based approach contribute
to improving public service?
A.
General added value of a human rights-based approach
to public service
11.
“States are responsible for delivering a variety of services to their populations,
including education, health and social welfare services. The provision of these services is
essential to the protection of human rights such as the right to housing, health, education
and food.”7 The role of the public sector as service provider or regulator of the private
provision of services is crucial for the realization of all human rights, particularly social and
economic rights. Certain services, such as policing or administering justice, focus directly
on the protection of individual freedoms and others, such as education, health and food,
have a markedly social character which is essential for building the human capital
necessary for sustainable development and the realization of economic and social rights.
12.
A human rights-based approach to public services is integral to the design, delivery,
implementation and monitoring of all public service provision. Firstly, the normative
human rights framework provides an important legal yardstick for measuring how well
public service is designed and delivered and whether the benefits reach rights-holders. The
human rights framework empowers rights-holders and requires States as duty bearers to act
in conformity with their human rights obligations. Secondly, human rights principles can
contribute to guiding and improving public service, complementing existing value systems
such as public service ethos and other good governance principles such as efficiency,
competency and integrity. This approach also leads to improved public service outcomes
and better quality of public service. Thirdly, public service providers should not
underestimate the financial or reputational costs of violating human rights and the resulting
loss of public trust, low morale and poor public perception. Fourthly, a human rights-based
5
6
7
Ibid., pp. 1–2; see also E/CN.4/2005/97, para. 8.
Global Thematic Consultation on Governance and the Post-2015 Development Framework:
Consultation report, 2013, sect. 4.1.1.
Good Governance Practices for the Protection of Human Rights (United Nations publication, Sales
No. E.07.XIV.10), p. 38.
5
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