Results
DIHR: Social and economic rights make a difference
The Danish Institute for Human Rights has actively promoted social and economic rights in Malawi since 2009.
Social and economic rights are important. They are important when it comes to promoting popular participation in society, which makes them essential for the development of democracy. Social and economic rights encompass all social groups, and accordingly they are based on the principle that all citizens have equal rights.
Social and economic rights are also a prerequisite of other human rights. It is of no use to have the right to vote, for example, if you cannot read the names on the ballot or you cannot afford to travel to the place of voting.
Social and economic rights cover basic rights like the right to education, health, work and housing. But one thing is having the rights enshrined in conventions and declarations. Quite another thing is transforming the rights into reality, making them tangible and down-to-earth, for the population.
The Danish Institute for Human Rights has attempted to interpret social and economic rights by means of a service charter project in Malawi headed by Jakob Kirkemann Boesen, Director of the Freedom and Public Participation Department.
“DIHR works to make social and economic rights in Malawi more tangible. This makes it possible to define some minimum standards of what the citizens are entitled to and the state has to meet. By setting out these minimum standards, demands are made on the state to deliver results as regards public services.”
“Service charters define the minimum public service standards to which a citizen is entitled. They contribute to increased political focus on and transparency in public service delivery and the fundamental aspect of ensuring that all citizens have equal access to public services. In this way, service charters also become a tool for fighting discrimination: All citizens are equal and should have equal access to public services.”
The minimum standards of a service charter may, for example, deal with school services: what is the maximum number of pupils in one class, what is the maximum acceptable distance to school, etc.
However, the vast majority of the existing service charter programmes function above all through internal targets for states and do not oblige governments to realise their goals. In the DIHR version, service charters change character: Here, social and economic rights become prominent together with procedures designed to achieve transparency and public accountability.
It might be said that the Institute is attempting, with its service charters project, to introduce service charters supporting human rights by defining and guaranteeing the citizens’ right to services and thereby their right to fulfilment of social and economic rights.
When states endorse service charters, they also undertake certain obligations: acknowledgment of the population’s right to complain if the government fails to meet minimum standards, monitoring to ensure implementation, and popular involvement to win support among the population.
This means that far more players are now involved in activities related to service charters and social and economic rights: the civil society, citizen representatives, complaints bodies, human rights commissions, the ombudsman and the judiciary.
“You go from the concept of a patron-client relationship where a service always requires a quid-pro-quo to the idea that all citizens are entitled to certain services. And this is where service charters can help accelerate social change. Having defined social and economic rights is a big step. And having a place to turn to if you don’t get what you have been promised as a citizen because the state does not live up to those rights, that is absolutely essential.”
Social and economic rights are also a prerequisite of other human rights. It is of no use to have the right to vote, for example, if you cannot read the names on the ballot or you cannot afford to travel to the place of voting.
Social and economic rights cover basic rights like the right to education, health, work and housing. But one thing is having the rights enshrined in conventions and declarations. Quite another thing is transforming the rights into reality, making them tangible and down-to-earth, for the population.
The Danish Institute for Human Rights has attempted to interpret social and economic rights by means of a service charter project in Malawi headed by Jakob Kirkemann Boesen, Director of the Freedom and Public Participation Department.
“DIHR works to make social and economic rights in Malawi more tangible. This makes it possible to define some minimum standards of what the citizens are entitled to and the state has to meet. By setting out these minimum standards, demands are made on the state to deliver results as regards public services.”
Rights based on citizens
But what is a service charter actually? Mr Boesen explains:“Service charters define the minimum public service standards to which a citizen is entitled. They contribute to increased political focus on and transparency in public service delivery and the fundamental aspect of ensuring that all citizens have equal access to public services. In this way, service charters also become a tool for fighting discrimination: All citizens are equal and should have equal access to public services.”
The minimum standards of a service charter may, for example, deal with school services: what is the maximum number of pupils in one class, what is the maximum acceptable distance to school, etc.
Focus on human rights
Service charters are no new invention, however. The African Union already has great focus on service charters. This means that the project of the Institute is related to initiatives already in existence.However, the vast majority of the existing service charter programmes function above all through internal targets for states and do not oblige governments to realise their goals. In the DIHR version, service charters change character: Here, social and economic rights become prominent together with procedures designed to achieve transparency and public accountability.
It might be said that the Institute is attempting, with its service charters project, to introduce service charters supporting human rights by defining and guaranteeing the citizens’ right to services and thereby their right to fulfilment of social and economic rights.
When states endorse service charters, they also undertake certain obligations: acknowledgment of the population’s right to complain if the government fails to meet minimum standards, monitoring to ensure implementation, and popular involvement to win support among the population.
This means that far more players are now involved in activities related to service charters and social and economic rights: the civil society, citizen representatives, complaints bodies, human rights commissions, the ombudsman and the judiciary.
Enormous potential
The potential of service charters in Malawi and elsewhere is enormous in Mr Boesen’s opinion:“You go from the concept of a patron-client relationship where a service always requires a quid-pro-quo to the idea that all citizens are entitled to certain services. And this is where service charters can help accelerate social change. Having defined social and economic rights is a big step. And having a place to turn to if you don’t get what you have been promised as a citizen because the state does not live up to those rights, that is absolutely essential.”