A/HRC/31/31
with the initial support of OHCHR. The indicators are used to monitor the implementation
of action plans, including the National Human Rights Action Plan and the Food and
Nutrition Security Plan of Action, and for treaty bodies reporting obligations. The
indicators developed on the right to adequate food are being expanded under the Global
Right to Food and Nutrition Network of the Food and Agriculture Organization of the
United Nations.6 The Constitution enshrines a broad range of economic, social and cultural
rights, as well as the obligation of the Government to monitor and prepare annual reports on
the implementation of State policies and programmes to be submitted to the Parliament.7
9.
In 2010, Kenya established a working group comprising representatives of the
Kenya National Commission on Human Rights, the Ministry of Devolution and Planning
and other State entities, with a view to encouraging the use of indicators among government
agencies. In 2013, the Commission, assisted by the Center for Economic and Social Rights,
published a primer entitled Rights-based Policy Monitoring, which includes several
modules about the human rights indicators developed by OHCHR. In 2014, a handbook on
national reporting on the progress of the development plan, Kenya Vision 2030, included a
section on human rights monitoring and the use of indicators.8
10.
The South African Human Rights Commission and the United Nations Children’s
Fund (UNICEF) developed a national assessment using key indicators to analyse the
fulfilment of children’s rights, including the rights to birth registration, water and
sanitation, housing, parental and social care and adequate food.9
B.
Measuring immediate obligations and progressive realization
11.
Measuring progress in economic, social and cultural rights is related to obligations
to respect, protect and fulfil. Both immediate obligations and progressive realization need
to be monitored. Immediate obligations include eliminating any discrimination in law and
in practice; guaranteeing economic, social and cultural rights (for instance, the right to
establish trade unions) and elements of those rights (for instance, legal security of tenure)
that are not subject to progression realization; taking steps towards the full realization of
these rights; ensuring non-retrogression; and securing minimum core obligations. Both the
steps taken and the results achieved for the populations concerned should be monitored. It
also means that “national strategies, policies and plans should use appropriate indicators
and benchmarks, disaggregated on the basis of the prohibited grounds of discrimination”.10
12.
At the core of the concept of progressive realization11 is the immediate and
continuous obligation to take appropriate measures for the full realization of economic,
social and cultural rights to the maximum extent of available resources. To assess elements
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9
10
11
See indicators for monitoring economic, social and cultural rights in Nepal. Available from
www.nhrcnepal.org/books.php?&nstart=1&start=3&num_totrec=43&n=&page=B.
See article 53 of the Constitution. Available from www.mofa.gov.np/the-constitution-of-nepal.
For more information, see Rights-based Policy Monitoring (available at
www.cesr.org/downloads/knchr.escr.primer.pdf?preview=1) and Second National Handbook of
National Reporting: Indicators for the Second Medium-Term Plan 2013-2017 of Kenya Vision 2030
(Ministry of Devolution and Planning, 2014, available at www.devolutionplanning.go.ke).
South Africa’s Children, A Review of Equity and Child Rights (2011). Available at
www.unicef.org/southafrica/SAF_resources_factschildrens11.pdf.
See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, para. 41.
As found in the International Covenant on Economic, Social and Cultural Rights, art. 2 (1); the
Convention on the Rights of the Child, art. 4; and the Convention on the Rights of Persons with
Disabilities, art. 4 (2).
5
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