The OPERA Framework
Reports, or multilateral agency databases, such
as the UN and World Bank. As a guiding principle,
however, affected communities should play a
central role in the selection of indicators so as to
ensure that indicators meaningfully reflect their
concerns, assessment needs and priorities.
Importantly, what makes this a human rightsbased analysis is that the information is then
interrogated in light of human rights principles
and standards. As discussed above, in monitoring
the level of enjoyment of economic, social and
cultural rights through the use of indicators, it
is necessary to judge this information against
a benchmark that can give guidance on the
adequacy of a state’s performance or where a state
should be in its fulfillment of the rights in question
given its capacity. Specifically, indicators should
be assessed against benchmarks that reflect
human rights principles and standards. Relevant
standards for judging outcome indicators
include (a) minimum core obligations, (b) nondiscrimination, and (c) progressive realization or,
conversely, non-retrogression.
Assessing Outcomes in the ‘Rights or
Privileges?’ Project
As the first step in the study, CESR and ICEFI
selected appropriate outcome indicators to
act as proxies for the rights to food, health
and education, focusing on child chronic
malnutrition, maternal mortality and primary
education completion for reasons of data
availability, political/MDG relevance and
research manageability. We compared this
data to that of countries in the region with
comparable levels of GDP per capita; we sought
disaggregated data on grounds of gender,
ethnicity, socio-economic status, region and
urban/rural location; and traced progress on
the indicators over time, at the aggregate level
and between groups.
We found Guatemala was still very far from
satisfying what could reasonably be considered
minimum essential levels of these rights for
the entire population: half the population
under five suffered from chronic malnutrition;
over 60% of children did not complete primary
school at the appropriate age; and maternal
mortality rates were comparable to some of the
poorest countries in the region such as Bolivia.
Disaggregation revealed persistent disparities
in the enjoyment of rights. Comparing these
indicators over time showed that Guatemala
had made slower progress in these indicators
than similarly situated countries and that
disparities had increased in some cases as
progress was slowest among disadvantaged
groups.
In some cases, it may be possible to identify
indicators that reflect the content of minimum
core obligations, which have been defined
and elaborated for many rights. For example,
Article 13 of the Covenant provides that ‘primary
education shall be compulsory and available free
to all’. Ensuring the satisfaction of this ‘minimum
essential level’ of education is a minimum core
obligation according to the Committee. So an
indicator to monitor this obligation could be
primary completion rates in a country. To satisfy
this minimum core obligation, a state should
ideally have a completion rate of 100%, though
for states with limited resources this benchmark is often unattainable. Thus, in order to judge the gap
between such a benchmark and a state’s actual performance in practice, CESR has often used regional
comparisons as reference points. In this approach, a country’s performance on a particular indicator
is assessed vis-à-vis its neighbors, regional averages, or other countries with similar characteristics,
such as available resources. Comparing the enjoyment of these minimum essential levels to countries
at similar levels of development can help evaluate the reasonableness of variations from 100%
attainment of these minimum essential levels, demonstrating the importance of the prioritization of
resources for meeting minimum core obligations, and exposing outlier governments.
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