A/HRC/25/27
approach also protects against discrimination and tests whether existing public service
systems protect the rights of persons who are vulnerable and marginalized or whose access
is hampered by poverty, disability or other forms of exclusion.
13.
Public authorities often handle complaints with human rights implications across a
wide range of public services, but what is missing is an awareness and consideration of
these implications. A human rights-based approach can be used more broadly to inform
policymaking by public officials and development specialists, enabling them to take
decisions that are in line with the international human rights obligations of the State.
B.
Applying human rights principles to public service
14.
In order to follow a human rights-based approach, key human rights principles must
be applied to decision-making regarding public service and in all aspects of public service.
15.
As indicated in the Definition of basic concepts and terminologies in governance
and public administration (E/C.16/2006/4), accountability entails holding elected or
appointed officials charged with a public mandate responsible and answerable for their
actions, activities and decisions (para. 48). Social accountability is of particular importance
in the arena of public services. In a recent report, OHCHR and the Center for Economic and
Social Rights pointed out that “‘Social accountability’ is used to refer to a broad range of
activities in which individuals and CSOs [civil society organizations] act directly or
indirectly to mobilize demand for accountability … They frequently employ participatory
techniques of data collection and lobbying for transparent access to the information needed
to evaluate budgets, monitor public expenditure and delivery of public services, create
citizen and community score cards, run social audits, etc. Aided by new information and
communication technologies, CSOs and social movements have been creative in inventing
new techniques of social accountability. These include community mapping through crowdcoursing or use of global positioning systems to display and analyse information about
service delivery.”8 Citizen engagement is a core element of social accountability, and has
the potential to empower citizens and elevate the voices of the most vulnerable. The report
of the twelfth session of the Committee of Experts on Public Administration underscores
several issues that are important for citizen engagement, including the culture of public
service and the need to promote the highest standards of public service (E/2013/44E/C.16/2013/6, para. 34).
16.
Also linked with accountability is the existence of accessible and effective remedies
for violations of rights. Avenues through which individuals can complain can include
NHRIs, public service internal appeals processes and legal action through national courts.
Relevant bodies must be vested with the power to order reparations and to have their
decisions enforced; decisions should be transparent, and knowledge of them should be
disseminated widely, as a lack of awareness of these processes can hinder the effective
realization of human rights and lead to a failure to prevent abuses.
17.
The act of whistle-blowing also plays an important role in ensuring accountability
for human rights violations. If people who expose illegal conduct or misconduct in public
service administration are not protected by law, they are less likely to disclose information
that might be of significant public interest. Provisions on whistle-blowing should include
the existence of reporting mechanisms and legal protection for the whistle-blower.
8
6
OHCHR and Center for Economic and Social Rights, Who Will be Accountable?: Human Rights and
the Post-2015 Development Agenda (New York and Geneva, United Nations, 2013) p. 44.
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