166
THE YALE JOURNAL OF INTERNATIONAL LAW
[Vol. 33: 113
measures taken for the Human Development Index
of the Human
302
other indicators, such as what
Development Reports (and their extension),
is needed to maximize human capabilities, are relevant.
Many commentators suggest that this latter inquiry may be helped by a
clearer definition of the mi nimum core of each right. 303 As early as 1990, the
Special Rapporteur on Economic, Social and C ultural Rights call ed for
“indicators [to] . . . as sist in t he development of the ‘core contents.’” 304 A
special meeting of experts in 1993 conc luded that indicators relied first on a
clarified content of the rights and obligations. 305 Yet might these observers be
mistaken? While there is, of course, an important relation ship between the
underlying norms that guide the formulation of in dicators and their adherence
to rights, what is neede d to guide this assess ment may be a more open
formulation of rights, rather than the fixed and narrow parameters of the
minimum core. A brief comment about how indicators work in practice
suggests how this might be so.
The use of i ndicators and benchmar ks is complex. By presenting a
veneer of objectivity and by allowing measures to become the ends rather than
the means of rights fulfillm ent, indicators, and benchmarks—or, at least, their
fixed or uncritical usage—can flout
the substantive promise of human
306
rights. They are most effective at confro nting this possibility when they are
set within a participatory process and when they articulate clear connections
with rights expressed as “dy namic and constantly changing” 307 standards
rather than absolute concepts. This approach demands “an open accounting of
where judgment lies, why it has been located there, and upon what evidence it
ness—and revisability—in the
is based.” 308 It is furthered by open
interpretation of rights.
Of course, completely open-ended norms perp etuate the image of
economic and social rights as vague and imprecise. Nonetheless, once it is
acknowledged that all right s are open to contestation, such a criticism should
Obligation to Devote “Maximum Available Res ources” to Realizing Economic, Social and Cultural
Rights, 16 HUM. RTS. Q. 693 (1994).
302. See Mahbub ul Haq, The Birth of the Human De velopment Index, in READINGS IN HUMAN
DEVELOPMENT: CONCEPTS, MEASURES AND POLICIES FOR A DEVELOPMENT PARADIGM 103 (Sakiko
Fukuda-Parr & A.K. Shiva Kum ar eds., 2003) [hereinafter R EADINGS IN HUMAN DEVELOPMENT] and
other articles in the collection.
303. E.g., Yamin, supra note 301, at 300 (contrasting the goa l of human capabilities with that
of particular bundles of commodities).
304. U.N. Econ. & Soc. Council [ECOSOC], Realization of Economic, Social and Cultural
Rights, ¶ 7, U.N. Doc. E/CN.4/Sub.2/1990/19 (July 6, 1990) ( prepared by Danilo Türk) (“[I]ndicators
can . . . ass ist in the developm ent of the ‘core cont ents’ of som e of the less developed rights in this
domain, and can provide a basis from which a ‘minimum threshold approach’ can be developed.”).
305. See World Conference on Human Rights, Report on Other Meetings and Activities , ¶ 153,
U.N. Doc. A/CONF.157/PC/73, (Apr. 20, 1993) (“[T]he se minar concluded that the first priority was to
identify and clarify the content of the various right s and obligations. Only then would it be possible to
identify the most appropriate way to assess progre ssive achievement, which may or may not involve the
use of statistical indicators.”).
306. Annjanette Rosga & Margaret Satterthwaite, The Trust in Indicato rs: Trying to Measure
Human Rights 21, 24-25, 27 (Mar. 17, 2007) (unpublished manuscript, on file with author).
307. RAMON C. CASIPLE, EMERGING FRAMEWORK AND APPROACHES IN DETERMINING ESC
RIGHTS’ STANDARDS AND INDICATORS: A PHILIPPINE GRASSROOTS EXPERIENCE (2000),
http://www.portal-stat.admin.ch/iaos2000/casiple_final_paper.doc; see also Rosga & Satte rthwaite,
supra note 306, at 27.
308. Rosga & Sattherthwaite, supra note 306, at 30.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents