efforts to hold governments to account for systemic deprivations of ESC rights; but its utility goes
beyond this. For example, the OPERA framework may assist in building evidence for specific cases
before national courts, national human rights institutions, or other quasi-judicial mechanisms. For
policy-makers, it may be used to integrate a human rights-based approach in policy monitoring
and evaluation methods, such as results-based management or performance contracting. It could
be adapted in ways that are relevant to assessing complaints that may come before the Committee
on Economic, Social and Cultural Rights under the new complaints mechanism established by the
Optional Protocol to the Covenant.
Step 1 – Outcomes: Assessing the level of enjoyment of rights
Summary of Step
Step 1
Measure levels of
enjoyment of the right
Human Rights Standards
Types of Assessment Techniques
Minimum core obligations
Identify relevant outcome indicators that show the
extent to which the right, including its minimum
essential levels, is enjoyed in the country.
Non-discrimination
Disaggregate indicators by social groups to identify
disparities in levels of enjoyment of the right.
Progressive realization
Examine variations of indicators over time to assess
progress, backsliding and change in disparities.
As discussed earlier, monitoring the fulfillment of ESC rights requires looking beyond individual
violations. Quantitative socioeconomic indicators are well suited to analyzing levels of rights
deprivations affecting large numbers of the population. By providing a standardized and comparable
measure, indicators can uncover patterns and trends within and across demographic groups. While
there are dangers in drawing conclusions or generalizations from descriptive statistics alone, they offer
a concise snapshot of the situation facing population groups. Collecting and assessing information
on outcome indicators can signal the extent to which a state is achieving the realization of a particular
right, though information reflecting rights holders’ own perceptions about their rights enjoyment
will also be important. It is important to flag that this step is by no means an overall conclusion about
a state’s compliance; further investigation about the state’s conduct is needed, as it is necessary to
analyze not only what is occurring, but why.
The step begins by collecting data that gives an overview of the current levels of enjoyment of
the right(s) under review. The data collected at this step corresponds to the category of ‘outcome’
indicators under the OHCHR framework. This step requires first choosing appropriate indicators that
act as proxies for the right(s) under review, accommodating practical limitations of data availability
and reliability. For example, primary school enrollment and completion rates, as well as youth literacy
rates, can give an initial overview of the extent to which the right to education is being realized for a
given population.
There are various ways to select indicators. The list of illustrative outcome indicators developed by
OHCHR can be a useful starting point. In most cases, quantitative data for these kinds of indicators is
readily available from several sources, including national statistics offices, country Human Development
Assessing compliance with the obligation to fulfill economic, social and cultural rights
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