The OPERA Framework
Examine policy content
and implementation
Analyze policy processes
Identify the goods and services needed to give effect to
the right.
AAAAQ criteria
Participation,
Transparency,
Accountability,
Right to a remedy
Measure the availability, accessibility, acceptability
and quality of these goods and services (e.g. assessing
quantitative and qualitative data, community score cards).
Analyze relevant national laws and policies (e.g. on
access to information, local participation, complaints
mechanisms etc.).
Collect feedback on the extent to which those principles
are applied in practice (e.g. through interviews or other
qualitative methods and quantitative indicators if
available).
As outlined above, the obligation of conduct requires that states take ‘action reasonably calculated
to realize the enjoyment of a particular right’, including legislative, judicial, administrative, financial,
budgetary, fiscal, educational, social and other measures. This step therefore starts by identifying the
human rights commitments made by the state at the domestic, regional and international levels and
evaluating the legal framework that gives effect to them. It then analyzes the way public policies and
programs translate these commitments into the goods and services needed to realize the right(s)
under review. Relevant systems, goods and services are judged against the AAAAQ criteria. The
process of adopting and implementing policies and programs is also judged against the principles
of participation, non-discrimination, accountability, and transparency. In this step, qualitative policy
analysis plays a particularly important role in complementing quantitative indicators.
a) Identifying legal and policy commitments
This step first identifies the regional and international human rights commitments the state has agreed
to adhere to. For example, it examines whether the state in question has signed or ratified relevant
international covenants or treaties, and if there have been any reservations to these. International
agreements, declarations, outcome documents of political summits, programs of action, etc. may
also be taken into consideration. Although these are not legally binding, they may elaborate on the
content of particular rights, such as the Cairo Declaration on Population and Development, which
articulates reproductive health-related rights. Furthermore, by signing on to such agreements, states
may pledge to achieve specific goals or targets, providing further evidence of the commitment of a
state to the right in question.
The second question to consider is whether these international commitments have been internalized
in the domestic legal order in ways that meet the object and purpose of these commitments, whether
or not their specific terms are invoked. As at the international level, political campaign promises,
statements or speeches made by leaders may also contain specific commitments related to the
right(s) under review. It is also important to identify any laws that run contrary to or inhibit the state in
fulfilling its human rights obligations. In states where governance structures have been decentralized,
examining the consistency of sub-national laws or interpretations of national laws with the human
rights obligations made at the national level will also be relevant.
These questions on legal and political commitments broadly reflect the ‘structural
indicators’ in the OHCHR framework. Focusing on the adoption of legal instruments and
the existence of institutional mechanisms conducive to realizing the right(s) under review,
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