indicators used in this step tend to be categorical in nature. Rather than being a numerical value,
as with many outcome indicators, the questions asked at this step, such as whether a state has
ratified a treaty or made any reservations, require a yes or no answer. Information to answer
questions on regional and international treaty ratification can be found in the United Nations Treaty
Series Online Collection. The Toronto Initiative for Economic and Social Rights’ TIER Dataset on the
constitutional status of ESC rights in developing countries can also serve as a source of information.
To evaluate the extent to which a state has domesticated its international commitments, it is
necessary to study the nature and content of legal and political commitments and compare them to
international human rights standards, which is necessarily a qualitative exercise.
b) Examining policy content and implementation
While a state may commit formally to their obligation to fulfill ESC rights, this may not translate to
improvements on the ground at all in practice. So the next question to consider in this step is how
such commitments move from paper to reality. This question can be answered by identifying the
public policies in the sector(s) relevant to the right(s) under review and assessing whether they are
designed to give effect to the state’s human rights commitments.
These policies can be identified by referring to the general comments of the treaty monitoring
bodies, which broadly define the characteristics of goods and services needed to fulfill
the particular right, but should be guided by expertise and best practice from the relevant
sector with regard to the most effective policy interventions. In relation to the right to food
for example, the Committee has held that food should be available either directly from
productive land or through ‘well-functioning distribution, processing and market systems’.
Literature from the agricultural field can provide guidance on the key interventions needed to ensure
such systems are effective. In identifying relevant policies, it is important to look across multiple
sectors, given that various factors influence the enjoyment of a particular right. For example, poor
roads may limit access to hospitals or school nutrition programs may enhance education.
The goods and services facilitated through such policies are in turn analyzed according to the human
rights criteria of availability, accessibility, acceptability, adaptability and quality (AAAAQ). To measure
compliance with the AAAAQ criteria, quantitative indicators are important, in order to illustrate
what kinds of goods and services are available, where they are available, and who is accessing them.
Qualitative information complements this analysis by highlighting the perceptions of these services
by the individuals and groups they are designed to reach. These questions on the delivery of goods
and services broadly reflect the ‘process indicators’ in the OHCHR framework.
As in step one, the specific indicators identified for the right(s) under review need to be judged against
benchmarks or reference points that reflect the human rights principles of minimum core obligations,
non-discrimination and progressive realization. In relation to availability, for example, internationally
accepted recommendations or guidelines can provide guidance to judge the reasonableness
of available goods and services. For example, joint UN agency guidelines on the availability of
emergency obstetric care, a critical intervention for the prevention of maternal mortality and
morbidity, provide that for every 500,000 members of the population, a minimum of five emergency
obstetric facilities should be available, at least one of which should provide comprehensive care.
Carefully chosen country comparisons or any existing national policy commitments can also offer
quantitative benchmarks or reference points for measuring efforts to make services available,
accessible, acceptable, affordable and of adequate quality.
Assessing compliance with the obligation to fulfill economic, social and cultural rights
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