Wouter Vandenhole

Failures and Successes of Human Rights-Based Approaches to Development: Towards a Change Perspective

Human rights-based approaches to development (HRBADs) seem to be grounded in assumptions of change that remain implicit and therefore often undebated. These assumptions of change play at two levels, i.e. that of organisational change and that of social change. The main emphasis of this article is on organisational change as the logical precursor to social change. Explanatory factors for the challenges in introducing HRBADs in development organizations include the different legitimizing anchors that both use (normative versus empirical), as well as the differences in disciplinary backgrounds of staff and in role definition (confrontation versus collaboration with the state). An important finding is that result-based management and HRBADs may be more difficult to reconcile than often believed. The tension between both may be illustrative of the fundamental differences that continue to characterize development and human rights approaches, notwithstanding the rapprochement that has taken place over the past decade(s). We argue that more empirical work is needed in order to better understand organisational and social change through HRBADs.

Under the (legal) radar screen: global health initiatives and international human rights obligations

BackgroundGiven that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders.MethodsThe authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens.ResultsThrough according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all.ConclusionsIn many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

Economic, Social and Cultural Rights in the CRC: Is There a Legal Obligation to Cooperate Internationally for Development?

Several provisions of the Convention on the Rights of the Child contain references to international cooperation, sometimes in combination with a reference to the needs of developing countries. This article explores whether these references, in light of the interpretation given by the Committee on the Rights of the Child and of other human rights treaties which contain similar wording (in particular the International Covenant on Economic, Social and Cultural Rights and the Disability Convention), amount to a legal obligation to cooperate internationally for development in the field of economic, social and cultural rights. While it is not possible to establish the existence of a legal obligation to provide development assistance in general – which would amount to an extraterritorial obligation to fulfil – legal obligations to respect and protect economic, social and cultural rights of children in third countries do apply. Moreover, the CRC Committee has clarified some specific obligations of fulfilment for donor countries, such as, amongst others, the allocation of 0,7 per cent of GDP to development assistance, and the adoption of a rights-based approach to development cooperation, in which childrens rights are mainstreamed.

Victims and/or perpetrators? Towards an interdisciplinary dialogue on child soldiers

BackgroundWorldwide, thousands of children are acting in different roles in armed groups. Whereas human rights activism and humanitarian imperatives tend to emphasize the image of child soldiers as incapable victims of adults’ abusive compulsion, this image does not fully correspond with prevailing pedagogical and jurisprudential discourses, nor does it represent all child soldiers’ own perceptions of their role. Moreover, contemporary warfare is often marked by fuzzy distinctions between perpetrators and victims. This article deepens on the question how to conceptualize the victim-perpetrator imaginary about child soldiers, starting from three disciplines, children’s rights law, psychosocial approaches and transitional justice, and then proceeding into an interdisciplinary approach.DiscussionWe argue that the victim–perpetrator dichotomy in relation to child soldiers needs to be revisited, and that this can only be done successfully through a truly interdisciplinary approach. Key to this interdisciplinary dialogue is the growing awareness within all three disciplines, but admittedly only marginally within children’s rights law, that only by moving beyond the binary distinction between victim- and perpetrator-hood, the complexity of childhood soldiering can be grasped. In transitional justice, the concept of role reversal has been instructive, and in psychosocial studies, emphasis has been put on the ‘agency’ of (former) child soldiers, whereby child soldiers sometimes account on how joining the armed force or group was (partially) out of their own free will. Hence, child soldiers’ perpetrator-hood is not only part of the way child soldiers are perceived in the communities they return to, but equally of the way they see themselves. These findings plea for more contextualized approaches, including a greater participation of child soldiers, the elaboration of accountability mechanisms beyond criminal responsibility, and an intimate connection between individual, social and societal healing by paying more attention to reconciliation.SummaryThis article deepens on the question how to conceptualize the victim-perpetrator imaginary about child soldiers through an interdisciplinary dialogue between children’s rights law, psychosocial approaches and transitional justice. With this interdisciplinary perspective, we intend to open up narrow disciplinary viewpoints, and contribute to more integrated approaches, beyond a binary distinction between victimhood and perpetrator-hood.

Undocumented children and the right to education: Illusory right or empowering lever?

In migration control policies, social rights are often restricted in order to discourage immigration. The right to education seems to be the exception to the rule. This paper examines whether the right to education – beyond legal technical questions of the personal scope of application of human rights treaties, and the nature and the meaning of the right – is able to provide empowering leverage to undocumented children, or rather remains a lofty ideal on paper. Empirical data are drawn from the Belgian situation. Sociological research has shown that while quantitative educational democratisation has been highly successful, qualitative educational democratisation remains problematic. With regard to undocumented children, real-life limitations to school access (both individual and institutional), as well as psycho-social and institutional impediments during the schooling process seriously limit equal schooling and life opportunities. Unequal responses to organisational and pedagogical challenges that the presence of mobile students puts to schools, reinforce institutional factors of educational inequality for undocumented children. A key factor in understanding the tension between the legal recognition of the human right to education and daily realities is the outright contradiction between the approaches towards education on the one hand, and to migration more generally on the other hand. The latter is increasingly dominated by a securisation ideology.

The Experiences of Face Veil Wearers in Europe and the Law: Introduction to the volume

In Belgium, as in France, legal restrictions on relegions dress worn by Muslim women have been on the agenda for over two decades.....

Children's Rights in EU External Action: Beyond Charity and Protection, Beyond Instrumentalisation and Conditionality

The inclusion of children in EU external action, though welcome in principle, has failed so far to avoid the pitfalls of instrumentalisation – by invoking childrens rights to serve other goals; charity – by only setting up development projects for children; protection – by focusing exclusively on offering protection to children in situations of crisis or violence; and conditionality – by using the observance of childrens rights as a condition for aid or trade. While instrumentalisation, charity and protection may apply to EU policies in general, the criticism of conditionality is more specific to external action. An alternative starting point is then proposed, i.e. that of childrens rights obligations incumbent on the EU itself rather than on third countries, in order to move beyond instrumentalisation and conditionality. It is believed that the emerging concept of transnational childrens rights obligations may provide a useful conceptual framework in this regard. These transnational obligations are based on the acceptance of a shared responsibility for childrens rights, and oblige powerful actors minimally to abstain from violating childrens rights.

Children’s rights law in the global human rights landscape : isolation, inspiration, integration?

Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.Although there are many and obvious differences between children and indigenous peoples, there are also quite some similarities, especially in how international human rights law and academic research have addressed the claims of these groups. This chapter focuses on three domains in which children’s rights and indigenous peoples’ rights share certain challenges, in order to explore whether and how both branches of human rights law could inspire each other: (i) the demarcation of the personal scope of rights, and the divisions and dichotomies generated by the establishment of categorical human rights; (ii) the way in which indigenous peoples and children have been constructed, especially from a Western perspective, and the consequences thereof; and (iii) participation and consent. I will argue that children’s rights law could draw inspiration from indigenous peoples’ rights law in defining its rights holders, in developing the collective dimension of the right to be heard and in conceptualising the right of children to give consent. On the other hand, an area in which research and practice on both indigenous peoples’ rights and children’s rights should increase efforts, concerns addressing the adverse consequences of idealised constructions.

Social work research as a practice of transparency

Social work research is inherently normative and as such the assumptions about social problems in social work research should be open to scrutiny and contestation. But although researchers often face tussles and huge contradictions, they rarely articulate them. In this article, we report on a small research project in which a collective of social work researchers in Flanders (the Dutch speaking part of Belgium) tried to think critically through some of the questions and complexities they were confronted with in social work research, more specifically in research on poverty. Our research aim implied that we tried to discuss the choices that were made during a diversity of research projects, including making explicit the grounds on which this happened. We learned that the choices made, although they seem to be very obvious ones, often remained implicit during the different research processes. We conclude that social work research requires that researchers attempt to realize a practice of transparency. The pursuit of such a practice of transparency refers to the importance of the creation of reflexive space in research communities to collectively embrace and discuss the complexities of social work research.

Walking a tight rope: evaluating the child and youth impact report in Flanders

In Flanders, a child and youth impact report (JoKER) must accompany all legislative proposals based on an initiative of the Flemish government, that have a direct impact on the interests of persons under the age of 25. This article presents the results of the first in-depth evaluation carried out of this impact assessment instrument. Based on multiple data collection techniques (including an electronic survey and focus groups), JoKER was critically evaluated as to its scope, quality, process, support and control, effectiveness and impact. The evaluation required maintaining a balance between various perspectives and tensions. A major challenge concerns the tension between mainstreaming JoKER in the more general regulatory impact assessment (ria), on the one hand, and preserving the specificity of a youth and children’s rights perspective, on the other.