The OPERA Framework
context of recent literature on a human rights-based approach to development.32 For example, it is
widely agreed that participation channels should not be tokenistic, should ensure the participation of
every member of society without discrimination and should be regular mechanisms rather than adhoc consultations. Furthermore, in order to meaningfully engage with these participation channels,
rights holders need to be able to exercise their rights to information, to freedom of expression, and
to freedom of assembly. Access to effective judicial or other appropriate remedies for victims of ESC
rights violations is another precondition for ensuring human rights accountability.
Methods for measuring the fulfillment
of ESC rights
Through the steps it is taking, the state is required to ‘demonstrate that it is making measurable progress
toward the full realization’ of rights.33 The clearer articulation of the nature and scope of ESC rights and
obligations has made this more possible to ascertain. However, the challenge in making these norms
more operational has been how to measure the extent to which social and economic policies comply
with them. Traditionally, human rights groups have focused on events-based monitoring, which
analyzes the facts of a particular case to determine what right was violated by whom. Where there is a
clear time-bound violation, and the perpetrator and victim can be easily identified, this is a relatively
straightforward exercise. Early efforts to monitor ESC rights continued to focus on identifying a
specific violation in relation to a negative or immediate obligation (for example, when there has been
an unlawful forced eviction).34 However, such a ‘violations approach’ is less equipped to identify the
multidimensional factors and multitude of actors that often determine whether social and economic
policies fulfill ESC rights or lead to ESC rights deprivations.
Diagnosing these factors demands a shift away from reporting on specific, time-bound events
towards analyzing trends in public policies, especially fiscal policies, given the central importance
of resources for the fulfillment of ESC rights. However, the concepts against which to judge such
policies, such as progressive realization and maximum use of resources, are themselves complex
and evolving. In response, there has been increasing interest in developing and adapting more
quantitative methodologies within the human rights field. Some of the key strands of work in this
area are described below.
Human Rights Indicators
Quantitative indicators—information expressed as numbers, percentages or ratios—offer a statistical
snapshot of a situation by providing a measure of ‘how much’, ‘how many’, ‘to what extent’ or ‘what
size’. They demonstrate the level something is at, the direction it is headed and how far it is from
a certain goal or target. Socio-economic indicators have been used in the development field to
measure human wellbeing for many years, most notably with the introduction of the groundbreaking
Human Development Reports in the 1990s.35 Reflecting a shift within the development field from an
economic growth-oriented approach to a more human rights-based approach, the United Nations
Development Programme (UNDP) argued in its Human Development Report 2000 that ‘information
and statistics are a powerful tool for creating a culture of accountability and for realizing human
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