By triangulating the findings from the first three
steps—outcomes, policy efforts and resources—
it is possible to bring to light the obstacles that
are preventing commitments made on paper
translating into practical action that has a
meaningful impact improving the situation on
the ground. Much like a diagnostic chart, this
approach helps to establish the often opaque
causal links between these elements. The analysis
may show, for example, that the problem is
attributable to inadequate or discriminatory use
of resources, inadequacy of policy efforts, a lack
of participatory processes, or other factors. On
the basis of this analysis, a picture should emerge,
from which it is possible to draw conclusions
about the reasonableness of the state’s efforts to
progressively fulfill the right(s) under review to all
sectors of the population without discrimination
and employing the maximum of its available
resources.
By combining all of the quantitative and
qualitative information gathered in the previous
steps through a wide range of tools and
techniques and reflecting on broader contextual
factors, step four gives a comprehensive and
holistic analysis of a state’s compliance with its
obligation to fulfill the right(s) under review.
This final step is not a mechanical, formulaic
exercise. Quantitative data makes an important
contribution to analysis at each step, but the
final judgment must be a qualitative one that
necessarily relies on a considered evaluation of
all the evidence, interpreted through the light of
the state’s obligations of conduct and result.
In essence, by providing an overarching
framework to integrate multiple tools and
methods, OPERA enables human rights
advocates and activists to build up a wellevidenced argument about a state’s compliance
with its obligation to fulfill ESC rights. This can
be very powerful for advocacy, whether focused
on securing remedies for current violations or on
advancing reforms for preventing them in the
future. On the one hand, providing quantitative,
cross-disciplinary evidence demonstrating the
link between poor development outcomes and
Making an overall Assessment in
the ‘Rights or Privileges?’ Project
Overall, a compelling picture of noncompliance with the obligation to fulfill
emerged from a triangulated analysis of
outcomes, policy efforts and resources.
Guatemala had among the highest and most
unequal rates of child malnutrition, maternal
death and school dropout in the region, despite
being a low-middle income country and the
largest economy in Central America. In spite of
the State´s formal commitments to the rights
to health, education and food in its legal and
policy framework, inadequate and inequitable
levels of resourcing had stunted progress in
the realization of these rights, by preventing
the roll out of the critical policy interventions
needed to ensure the availability, accessibility,
appropriateness and quality of relevant public
services.
Fiscal policy, which plays a critical role in
determining how a state puts into effect its
human rights commitments, was at the root of
the problem, and reflected the capture of the
state by economic elites as a key structural
constraint. For decades, Guatemala´s budget
and tax policies had safeguarded the privileges
of the country´s oligarchic families and
business leaders, while disregarding the state´s
obligations to its population, particularly
the most disadvantaged, fuelling deep social
inequalities and consigning more than half
of the population to living in poverty. Elite
capture –examined in the study by conducting
secondary research and interviewing relevant
actors - had resulted in weak structures for state
regulation of the market and redistribution of
public resources, as well as an economic and
political context hostile to reform. On this basis,
CESR and ICEFI were able to conclude that the
widespread deprivation of the rights to health,
education and food amounted to a breach of
the state´s obligation to fulfill these rights
progressively, without discrimination and to
the maximum of its available resources.
Assessing compliance with the obligation to fulfill economic, social and cultural rights
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