The OPERA Framework
demonstrated strengths in measuring a specific element of the obligation to fulfill, but used on their
own, do not fully capture the range of human rights principles and standards that underpin the
obligation.
This briefing paper argues that, in fact, many of these tools are complementary, and, when used in
combination, they can paint a more multi-dimensional picture of states’ compliance. An overarching
methodological framework helps to integrate the wide variety of different tools and techniques in
order to provide a more comprehensive assessment of how public policies comply with the obligation
to fulfill ESC rights. Building on CESR’s earlier work on assessment methodologies,2 this briefing
paper introduces such a framework, which CESR has developed in the context of rights-based policy
monitoring and advocacy in different settings. Adopting the acronym OPERA, CESR’s framework
sets out a four-step process for an integrated analysis of: Outcomes, Policy Efforts, and Resources
ending with an overall Assessment of compliance with the state’s human rights obligations. To this
end, the paper first examines recent conceptual advances in understanding the nature and scope
of the obligations relevant to economic, social and cultural rights—focusing on the obligation to
fulfill ESC rights—as well as highlighting the key human rights principles and standards that must
be examined when assessing this obligation. It then reviews important efforts that have been made
to develop new techniques and tools to monitor these concepts, for example the use of indicators
and benchmarks to assess ‘progressive realization’ or the use of budget analysis and other methods
to assess ‘maximum available resources’. Finally, we set out the OPERA framework, and illustrate how
it might be used to eclectically combine a range of different tools and techniques, drawing on both
quantitative and qualitative methods to provide a more comprehensive and integrated assessment
of a government’s compliance with its obligation to fulfill ESC rights.
The nature and scope of rights and
obligations under the ICESCR
Economic, social and cultural rights have traditionally been referred to as ‘second generation’ rights,
a reference to their later conceptual development. Core civil and political rights, such as freedom
from slavery and equality before the law, have been advanced and clarified through hundreds of
years of jurisprudence and are thus presumed to be precise and enforceable. By contrast, ESC rights,
with the exception of a handful of labor-related rights, have a more recent history, having been first
recognized in the Universal Declaration of Human Rights and then given greater specificity in the
International Covenant on Economic, Social and Cultural Rights and other core human rights treaties.3
A consequence of this history—fuelled further by the ideological conflict between the East and West
during the Cold War, which resulted in the drafting of separate covenants for civil and political rights
and ESC rights in the 1960s—has been to view ESC rights as vague, imprecise and unenforceable.4
The long-standing perception that ESC rights were qualitatively different from civil and political rights
reflected their limited normative elaboration through the courts and international human rights
bodies in comparison to civil and political rights.5 However, much has changed over the past two
decades to remedy this imbalance. The concluding observations on state reports and the general
comments adopted by the Committee on Economic, Social and Cultural Rights have provided
2