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27.
HRIAs might draw upon the Human Rights Based Approach (HRBA) used by
development agencies such as the United Nations Development Programme. The HRBA
codifies the primacy of the Universal Declaration of Human Rights and other international
human rights instruments as both the goal and the guiding principles for programmes and
policies. While it would not be appropriate to assume that realization of human rights is the goal
of a particular business activity, there are two elements of the HRBA that could prove useful in
HRIAs for business: (a) guiding principles, and (b) a discussion of rights-holders (or
claim-holders) and duty-bearers.8
28.
There does not appear to be a single set of guiding principles for the HRBA, but sources
generally refer to principles such as empowerment, participation, non-discrimination,
prioritization of vulnerable groups, and accountability. It could be suggested that any impact
assessment could be considered an HRIA if it demonstrates HRBA principles, regardless of its
label. But again, experimentation is needed to know whether this is reasonable.9
8
For a discussion of the Human Rights Based Approach and list of additional resources, see
http://www.humanrightsimpact.org/hria-conference-06/workshop-human-rights-based-approach/
and http://www.amnesty.ie/amnesty/live/irish/action/default.asp?page=3802&rec=20&pos=1. In
particular, see United Nations, The Human Rights Based Approach to Development
Cooperation: Towards a Common Understanding Among UN Agencies, 2003 (available at
http://www.undp.org/governance/docs/HR_Guides_CommonUnderstanding.pdf).
9
As another example of HRBA principles, Hunt and MacNaughton (2006) proposed the
following:
(1)
Use an explicit human rights framework;
(2)
Aim for progressive realization of human rights;
(3)
Promote equality and non-discrimination in process and policy;
(4)
Ensure meaningful participation by all stakeholders;
(5)
Provide information and protect the right to freely express ideas;
(6)
Establish mechanisms to hold the State accountable;
(7)
Recognize the interdependence of all human rights.
Hunt and MacNaughton were writing specifically about HRIAs conducted by Governments to
assess the impact of proposed policies on the right to health; principles two and six would be
particularly difficult to achieve for business. (Paul Hunt, United Nations Special Rapporteur on
the right to the highest attainable standard of health, and Gillian MacNaughton, Impact
Assessments, Poverty and Human Rights: A Case Study Using The Right to the Highest
Attainable Standard of Health. Submitted to UNESCO 31 May 2006.)
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