Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Coomans Fons
    On the right(s) track? United Nations (Specialized) Agencies and the Use of Human Rights Language
    in Verfassung und Recht in Ubersee , vol. 45, issue 3 ,  2012
    ABSTRACT: The United Nations and its specialized agencies play a key role in international economic and social cooperation. This role covers a broad spectrum of areas and topics, such as the promotion of higher standards of living, solutions to health related problems and universal respect for and observance of human rights. Over the years many UN agencies, such as UNDP, UNICEF, UNAIDS and the FAO, have adopted a human rights-based approach which is supposed to underlie the carrying out of their mandate. Part of that approach is to clearly spell out the specific human rights that are at stake and frame policies and programs by using human rights language. The question that will be addressed in this article is to what extent UN (specialized) agencies have adopted and are using language on economic, social and cultural rights as a framework or basis for their policies and programs. The underlying presumption is that the implementation of social, economic and cultural rights would be strengthened if ‘rights language’ is used in the practice of these organizations. In the article particular attention is given to UN Development Assistance Frameworks (UNDAF) which have been concluded between UN agencies and governments of developing countries. The UNDAF’s on Egypt and Kenya will be discussed in more detail. One of the findings of the research is that references to human rights have become more prominent and visible. The article discusses a number of good examples of this trend, but also some more cautious practices and even a number of disappointing experiences. One conclusion is that rights language only means something when it is backed by a translation into implementation of clear and concrete activities, programs and projects. This requires political will and commitment by Governments that approve the policy decisions that underlie such programs and projects. Another conclusion is that in many instances it is unclear whether rights language used in the framework of policy documents, strategies, decisions or projects would give rise to legal responsibility and/or accountability of the agencies and other actors such as states. In many cases rights language used is of a promotional nature.
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