HeRWAI Step 2: Exploring the government’s commitments

Purpose

The main question to be answered in step 2 is: which commitments has the government made? You will explore which national and international agreements, policies and laws are relevant to the country and the policy under analysis. This includes both legally binding agreements such as human rights treaties and consensus documents such as the Beijing Platform for Action. You will also look at the procedures by which civil society can participate in decision-making (the formal participation mechanisms). The focus in step 2 will be on what is on paper, the socalled ‘de jure’ situation. You will use this information for a comparison with what is actually happening, the so-called ‘de facto’ situation, in step 3 and 4.

The purpose of analysing government commitments is to find out which standards you can use to hold the government accountable for the possible negative impact – or the lack of positive impact – of the policy. You look for the most specific commitments, because these make it easier to formulate your claims to the government. If your country has not ratified the relevant human rights treaties, it will be more difficult to make such claims. This may mean that you need to shift the focus of your lobbying from a specific policy to lobbying for ratification of the relevant treaties.

Human Rights Aspects of Government Commitments

Many of the commitments that countries make by ratifying human rights treaties require changes on the national level. States must recognize the right to health in their political and legal system [1] They have to abandon any laws or measures that have a discriminatory impact. Inclusion of the provisions of a treaty in national legislation may make it easier for people to claim their rights. States should also adopt a national health policy with a detailed plan for realizing the right to health. In international relations, such as trade relations or development cooperation, countries have to respect the human rights of people living in other countries and they should influence each other through legal and political means to encourage compliance with human rights [1].

Treaties

Practically all countries are bound by a number of international agreements to exercise women’s rights and the right to health. Besides CEDAW and ICESCR, which form the basis of HeRWAI, a number of other international or regional human rights treaties may be relevant. If a State has ratified a treaty, it is legally bound to implement it. Below you will consider the treaties your country has ratified.p>

Concensus Documents

Consensus documents are documents which have been adopted by declaration. Though they are not legally binding, these documents are important because governments have a moral obligation to abide by them, as they are based on political agreement. Famous examples of consensus documents are the Beijing Platform for Action and the Millennium Development Goals.p>

[1] ICESCR General Comment 14, paragraphs 34-36 and 60.

[2] ICESCR article. 2 (1); ICESCR General Comment, paragraphs 39 and 63-65.