SLDP – HRDD Tool

To significantly increase the ability of people and organizations
to achieve human rights justice in Syria.

Who we are

SLDP is a non-aligned and non-governmental organization.

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HRDD Tool

The Tool integrates the HRDD process in the humanitarian Project Cycle Management (PCM) to ensure the prevention of human rights abuses at every stage of the project.

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HRDD Documentation

The HRDD Tool developed in this document is built on extensive desk research, interviews, experts consultations, and a validation workshop that collected feedback from a number of humanitarian NGOs.

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The Syrian Legal Development Programme has been and is currently conducting projects with funds provided by:

Swiss Ministry
of Foreign Affairs

The Dutch Ministry
of Foreign Affairs

The Canadian Ministry
of Foreign Affairs

The Federal Republic of
Germany – Foreign Office

Right to life

The ICCPR states: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.112 The protection of the right to life is a prerequisite for the enjoyment of all other human rights.113

The right to life is “the supreme right from which no derogation is permitted, even in situations of armed conflict”.114

While IHL is the primary legal framework governing situations of armed conflict, international human rights law continues to apply in these settings.115 As the UN Human Rights Committee, the body responsible for interpreting and monitoring adherence to the ICCPR, explained, “both spheres of law are complementary, not mutually exclusive”.116

Consequently, the use of lethal force that is authorized, regulated, and compliant with IHL is, in principle, not considered arbitrary within the framework of Article 6 of the ICCPR. However, practices that are inconsistent – such as targeting civilians and civilian objects, conducting indiscriminate attacks, the use of human shields and failing to implement adequate precautions to prevent collateral death of civilians – violate Article 6 of the Covenant.

The right to life is inextricably linked to all other rights. It does not simply refer to the right to be alive, but rather the right to live a life in dignity, as envisioned by the UDHR and other international human rights instruments. Consider, for example, the deprivation of an individual of adequate water and sanitation, adequate housing, adequate food, and quality healthcare and education. Such an individual cannot plausibly be regarded as enjoying the right to life, as he or she is denied all the essentials for a dignified life. As such, abuses of other rights may in turn infringe on the right to life.

Humanitarians may inadvertently infringe on the right to life in several ways, typically through actions or inactions that unintentionally put partner communities at risk. Some examples include:

  • Distribution of food or medical supplies that are expired, contaminated, or unsafe.
  • Paying little to no regard to the needs of vulnerable groups, such as women, the elderly, or persons with disabilities. This may jeopardize their lives in the context of domestic violence in relation to educational programmes, or in the context of inadequate shelters with respect to persons with disabilities and the elderly.
  • Adopting procedures, such as stringent screening, vetting or complex registration processes, or security protocols, that inadvertently restrict or prevent access to lifesaving services.
  • A delayed response to emergencies—whether due to bureaucratic obstacles or logistical challenges—can significantly worsen suffering and lead to preventable loss of life. For instance, delays in delivering medical assistance can facilitate the spread of diseases, ultimately resulting in increased mortality rates.
  • Degrading the environment through waste mismanagement of improper handling of hazardous materials. This may pose long-term harm on the health and welfare of affected communities, and potentially lead to fatal health crises.

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Right to equality and non-discrimination;

Right to equality and non-discrimination(Art. 1 and 2 UDHR/Art. 3 ICCPR/Art. 26 ICCPR/ 1 CEDAW/Art. 5, 6, 7 CRPD)

The rights to equality and non-discrimination are the cornerstones of IHRL. Inherently connected with human dignity, they are fundamental to all human rights norms and principles. In its articles 1 and 2, the UDHR proclaims that everyone is equal in dignity and rights, and condemns discrimination on several grounds, as does the ICCPR.

The Human Rights Committee has defined “discrimination” as any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.

Certain groups are more vulnerable to discrimination than others, namely women and persons with disabilities. The Convention on the Elimination of Discrimination Against Women (CEDAW) defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.

The CRPD enshrines protections for persons with disabilities, including through explicit provisions pertaining to women, girls, and children.

Article 5 mandates that all people, regardless of disability, are entitled to equal protection and benefit of the law without discrimination. Humanitarians must be mindful not to exclude persons with disabilities from receiving aid, services, or protection, and should ensure reasonable accommodations are provided. This could mean offering accessible shelters, medical care, or ensuring that communication methods are adapted for those with hearing or visual impairments.

When it comes to women and girls with disabilities, Article 6 highlights their vulnerability to multiple forms of discrimination. Humanitarian NGOs should take specific measures to protect them, ensuring that aid distribution, safety protocols, and empowerment programmes do not further marginalize them or undermine their safety.

Article 7 places special emphasis on children with disabilities, requiring that their best interests be prioritized. Humanitarians should, to the extent possible, ensure that children with disabilities are given equal opportunities to access education, healthcare, and psychosocial support.

The Committee on the Rights of Persons with Disabilities asserted that outdated approaches to disability, such as charity or medical models, are incompatible with the CPRD. These perspectives fail to recognize individuals with disabilities as full rights holders, and often perpetuate harmful stereotypes and stigmas.

The Committee also identifies four main forms of discrimination, which can occur individually or simultaneously:

  • “Direct discrimination” occurs when, in a similar situation, persons with disabilities are treated less favourably than other persons because of a different personal status in a similar situation for a reason related to a prohibited ground, such as disability. This form ofdiscrimination includes detrimental acts or omissions based on prohibited grounds where there is no comparable similar situation.
  • “Indirect discrimination” means that policies or practices appear neutral at face value but have a disproportionate negative impact on a person with a disability. It occurs when an opportunity that appears accessible in reality excludes certain persons owing to the fact that their status does not allow them to benefit from the opportunity itself.
  • “Denial of reasonable accommodation” constitutes discrimination if the necessary and appropriate modification and adjustments are denied and are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom. Not accepting an accompanying person or refusing to otherwise accommodate a person with a disability are examples of denial of reasonable accommodation;
  • “Harassment” is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating, or offensive environment. It can happen through actions or words that have the effect of perpetuating the difference and oppression of persons with disabilities.

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Right to a clean, healthy, and sustainable environment

Right to a clean, healthy, and sustainable environment(UNGA Res 76/300)

The right to a clean, healthy, and sustainable environment (R2HE) was formally recognized by the UN Human Rights Council in 2021 and the UN General Assembly in 2022.

As regards the scope and content of R2HE, the substantive elements include:

  •   clean air;
  •   a safe and stable climate;
  •   access to safe water and adequate sanitation;
  •   healthy and sustainably produced food;
  •   non-toxic environments in which to live, work, study and play; and
  •   healthy biodiversity and ecosystems.

The procedural elements of R2HE include:

  •   access to information;
  •   the right to participate in decision-making; and
  •   access to justice and effective remedies, including the secure exercise of these rights free from reprisals and retaliation.

The international recognition of R2HE raises the profile of environmental protection and underscores the relationship between the environment and human rights; human rights and the environment are interdependent, and a clean, healthy, and sustainable environment is necessary for the full enjoyment of a wide range of human rights.

Humanitarian NGOs should ensure respect for this right by identifying and preventing risks posed to the environment by their activities across sectors, including in shelter, health, and WASH.

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Freedom from torture, or cruel, inhuman, or degrading treatment or punishment

Freedom from torture or cruel, inhuman, or degrading treatment or punishment (Art. 7 ICCPR)

The prohibition of torture or cruel, inhuman, or degrading treatment or punishment is found in the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Convention on the Rights of Persons with Disabilities, the ICCPR, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). The purpose of the prohibition is to protect the inherent dignity of the individual.

Article 7 of the ICCPR states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

The Article proscribes three types of behaviour. A person may not be subjected to:

  • Torture
  • Treatment or punishment which is cruel and inhuman
  • Treatment or punishment which is degrading.

This means that the prohibition contained in Article 7 of the ICCPR may still be violated if the torture threshold is not met, by, for instance, the perpetration of degrading treatment.

The UNCAT defines torture as:

any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Inhuman treatment or punishment is treatment which causes intense physical or mental suffering. Degrading treatment refers to treatment that is extremely humiliating and undignified.
Inhuman or degrading treatment could include:

  • serious physical assault
  • serious physical or psychological abuse in a health or care setting
  • threatening to torture someone, if the threat is real and immediate

The prohibition relates not only to acts that cause physical pain, but also to acts that cause mental suffering to the victim

The prohibition of torture, cruel, inhuman, or degrading punishment is absolute, meaning that is a non-derogable right. It is also a peremptory norm of international law (or ‘jus cogens’ norm), meaning it is an international legal norm from which no derogation is permitted. Furthermore, the commission of torture itself constitutes a stand-alone international crime.

Humanitarian NGOs must ensure that neither their operations, services, nor contractual partners are directly or indirectly involved in violating the prohibition against torture and other forms of cruel, inhuman, or degrading treatment. Such abuses may occur by providing inadequate or substandard medical care, for instance, under duress or without informed consent. Forced treatment or failure to address pain or trauma in humanitarian settings can amount to degrading treatment. This would also include the lack of or subpar treatment of detainees, or individuals with opposing political views to the governing bodies. Abuses may also manifest by neglecting the needs of vulnerable groups, such as persons with disabilities, women, or children, particularly when shelters are overcrowded and lack sanitation facilities. Failure to implement and uphold protection measures to prevent or address exploitation and abuse may also result in violating the prohibition on torture, cruel, inhuman, or degrading treatment.

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Right to an adequate standard of living

The right to an adequate standard of living(ICESCR Art. 11): includes, but is not limited to, the rights to:

  • adequate food
  • adequate housing

The right to adequate food

The human right to adequate food is crucial for the enjoyment of all rights. The UN Committee on Economic, Social, and Cultural Rights (CESCR) affirmed that the right to adequate food is “indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfillment of other human rights”. This right is realized, according to the CESCR, “when every man, woman, and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement”. As such, the right to adequate food should not be interpreted restrictively by equating it with a minimum number of calories or nutrients.

The core content of the right to adequate food comprises:

  • The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;
  • The accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights

The right to adequate food may be impacted by environmental damage and degradation. For example, destroying agricultural land impairs the enjoyment of the right to food, especially for land users. Humanitarian NGOs may infringe on this right by, for example, building shelters or residential complexes on agricultural land.

The right to adequate housing

The human right to adequate housing is also essential for the enjoyment of all rights, including the right to work, health, and education.

The right to housing should not be interpreted in a narrow or restrictive sense which confines it simply to, for instance, a roof over one’s head. Rather, the right should be interpreted expansively to mean the right to live somewhere in security, peace and dignity. This is on the basis that “the inherent dignity of the human person” is a fundamental premise from which the rights of the Covenant derive.

Relatedly, the concept of adequacy is a central component of this right. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have elaborated: “Adequate shelter means…adequate privacy, adequate space, adequate security, adequate lighting and ventilation, [and] adequate basic infrastructure”. Adequacy also comprises the possession of “a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats”.

The provision of shelter per se, therefore, may not meet the standards of the right to adequate housing. This may particularly be the case in IDP camps, which are often overcrowded and dilapidated. This in turn may negatively impact safety and sanitation, for example, affecting in particular women and girls.

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Freedom of movement

Right to freedom of movement (Art. 12 ICCPR/Art. 13 UDHR)

Article 12(1) of the ICCPR mandates the right to liberty of movement, ensuring that everyone lawfully within a state’s territory can move freely within it. Article 12(2), further, establishes that everyone shall be free to leave any country, including their own.

Freedom of movement is an “indispensable condition for the free development of a person”, the Human Rights Committee explains. Article 12(1) entitles all persons to move from one place to another, as well as to establish themselves in a place of their choice. The enjoyment of this right is independent of any particular purpose or reason for the person wanting to move or to stay in a place.

The rights guaranteed in this provision must be protected from both public and private interference. This means that non-state actors, such as private citizens, humanitarian NGOs, and businesses, should respect the right to freedom of movement. For example, the right of women to move freely and choose their residence must not be made subject to the decision of another person, either by law or practice. Article 15 of CEDAW establishes that men and women shall have equal rights in legal matters related to movement.

The Human Rights Committee further affirmed that the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement. Article 12 also precludes preventing the entry or stay of persons in a certain part of the territory.

Article 12(3) provides for exceptional circumstances in which rights under Articles 12(1) and 12(2) may be restricted. This provision authorizes the State to restrict these rights on the grounds of national security, public order, public health or morals, and the rights and freedoms of others. However, and in line with Article 4(1) of the ICCPR, the application of restrictions needs to be consistent with the other rights guaranteed in the ICCPR and with the fundamental principles of equality and non-discrimination. Article 26 of the ICCPR, for instance, enshrines the right to equality before the law, guaranteeing that all individuals are entitled to legal protections without discrimination. Restricting the rights enshrined in Article 12, paragraphs 1 and 2 on the basis of ethnicity, sex, language, religion, political or other opinion, or other similar status, would therefore be in violation of the Covenant.

Humanitarian NGOs should ensure that their operations are not posing restrictions on individuals’ and communities’ right to freedom of movement, nor are their activities or programmes condoning or reinforcing restrictions on anyone’s movements. This is particularly pertinent in relation to women. NGOs must also verify that any third parties with whom they are engaged, such as ANSAs, businesses, or other NGOs, are not involved in any such practices.

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Right to own property

Right to own property(Art. 17 UDHR, Art. 15(2) and 16(1)(h) CEDAW, Art. 12(5) of CRPD)

The right to property is inherently linked to other human rights, including the right to equality and non-discrimination. Pursuant to the UDHR:

  1. Everyone has the right to own property alone as well as in association with others.
  2. No one shall be arbitrarily deprived of his property.

Under the Convention on the Elimination of Discrimination Against Women, women enjoy “equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals”. The Convention also stipulates that women shall be ensured, on the basis of equality of men and women, the same rights as their spouses with respect to “the ownership, acquisition, management, administration, enjoyment and disposition of property”.

Women’s rights to property are essential for realizing their rights to equality and to an adequate standard of living, among many other rights. The realization of these rights supports their independence and autonomy, and enables them to provide for their families. Denial of these rights has major implications for women’s enjoyment of the right to equality, health, food, housing, water, among others.

Persons with disabilities are also accorded specific protections with respect to their rights to property. Under the Convention on the Rights of Persons with Disabilities, the equal right of persons with disabilities to own or inherit property and to control their own financial affairs must be ensured. Persons with disabilities must also be protected against arbitrary deprivations of their property.

Further, Principle 21(3) of the UN Guiding Principles on Internal Displacement states: “Property and possessions left behind by internally displaced persons should be protected against destruction and arbitrary and illegal appropriation, occupation or use”. The right to property may inadvertently be abused in cases of land requisition for the purposes of building shelters, particularly when proper human rights due diligence is not carried out to ascertain property ownership.

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Right to adequate housing

The right to adequate housing

The human right to adequate housing is also essential for the enjoyment of all rights, including the right to work, health, and education.

The right to housing should not be interpreted in a narrow or restrictive sense which confines it simply to, for instance, a roof over one’s head. Rather, the right should be interpreted expansively to mean the right to live somewhere in security, peace and dignity. This is on the basis that “the inherent dignity of the human person” is a fundamental premise from which the rights of the Covenant derive.

Relatedly, the concept of adequacy is a central component of this right. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have elaborated: “Adequate shelter means…adequate privacy, adequate space, adequate security, adequate lighting and ventilation, [and] adequate basic infrastructure”. Adequacy also comprises the possession of “a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats”.

The provision of shelter per se, therefore, may not meet the standards of the right to adequate housing. This may particularly be the case in IDP camps, which are often overcrowded and dilapidated. This in turn may negatively impact safety and sanitation, for example, affecting in particular women and girls.

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Right to education

Right to education (Art. 13 ICESCR/Art. 28 CRC)

Education is both a human right in itself and an integral means of realizing other human rights.

Education has the power to lift marginalized groups out of poverty, equip them with the necessary tools to secure their livelihoods, and foster their participation in their communities. It plays a key role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, and promoting human rights.

To ensure this right is upheld, education must meet four key standards: availability, accessibility, acceptability, and adaptability. Educational facilities must be available and equipped with trained teachers and basic resources. Access must be guaranteed for all, including marginalized and displaced groups, ensuring safety and inclusion. Education must be culturally relevant, trauma-sensitive, and of good quality, while remaining adaptable to the changing needs of affected populations. Moreover, education should be free from discrimination and responsive to the diverse needs of students and their communities. Importantly, parents and guardians have the right to ensure their children's education aligns with their moral and religious convictions, as long as educational programmes remain unbiased and respectful of diverse beliefs.

This right may be unintentionally infringed upon by, for example, delivering educational programmes which fail to accommodate the needs of children with disabilities, such as by not equipping schools with ramps or accessible material. Failing to ensure cultural relevance and sensitivity in educational material may also constitute a failure to respect the right to education. Similarly, making educational programmes inaccessible to displaced populations in remote, rural areas may also infringe on the right to education. This may particularly be the case for girls in such areas who are unable to make long journeys owing to security concerns.

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Protection from child labour

Protection from child labour(ICESCR Art. 10(3); Art. 32 CRC)

Children have the right to be protected from child labour – that is to say, from “economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development”, as per the Convention on the Rights of the Child.

Child labour obstructs the fulfilment of a child’s right to education, health, play (among other rights), endangers their mental, emotional, and physical welfare, and interferes with their development on multiple levels in the short- and long-term. This includes hindering their educational progress and adversely affecting their future livelihood opportunities.

Humanitarian NGOs may inadvertently infringe upon this protection in cases of failure to properly vet third parties they are in a contractural relationship with, such as in the context of procurement. Humanitarian NGOs must conduct robust HRDD to ensure that their suppliers and partners are not implicated in child labour practices.

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Right to health

Right to health

Article 12 of the ICESCR enshrines the right to the highest attainable standard of physical and mental health, as is conducive to living a life in dignity, is fundamentally connected to all other human rights. Persons with disabilities, pursuant to Article 25 of the Convention on the Rights of Persons with Disabilities (CRPD), are also entitled to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.

The CESCR explains that this right should not be understood simply as the right to be healthy. Rather, it contains freedoms and entitlements, encompassing a broad spectrum of socio-economic factors that create conditions for individuals to lead healthy lives. This right also includes essential determinants of health, such as access to food and nutrition, housing, safe drinking water, proper sanitation, healthy working conditions, and a healthy environment.

According to the CESCR, “[t]he freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from non-consensual medical treatment. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health”.

Health facilities, goods, and services must be accessible to all, especially the most vulnerable or marginalized groups, without discrimination. “All health facilities, goods, and services must be respectful of medical ethics and culturally appropriate”. In other words, they must be respectful of the culture of individuals, minorities, and communities, sensitive to gender and life-cycle requirements, as well as respectful of confidentiality.

Furthermore, health facilities, goods and services must also be scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation.

Humanitarian NGOs risk abusing the right to health by, for example, providing low quality healthcare, medical partiality, or inequitably distributing medicines or vaccines. The right to health may also be adversely impacted by environmental harm, which may be posed by inadequate sewage systems or unsustainable waste disposal practices. IDPs living in formal and informal settlements risk contracting infectious diseases due to the lack of operational wastewater networks.

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Right of access to information

Right of access to information(Art. 19 ICCPR/Art 19 UDHR)

Article 19 of the ICCPR enshrines the right to freedom of expression, and stipulates that this right shall include “freedom to seek, receive and impart information and ideas of all kinds”.

The right of access to information is a fundamental element of the right to freedom of expression. It refers, in part, to the general right of the public to have access to information of public interest from a variety of sources. It also applies towards international organizations, such as the United Nations. The right arguably also applies to humanitarian NGOs due to the nature of their operations and their ability to impact communities.

The right of access to information can serve as a bulwark against abusive practices and policies that affect people’s and the environment’s welfare. Humanitarian NGOs can respect this right by ensuring information is accessible to individuals and communities, establishing communication channels, and enabling the participation of affected communities in the provision of feedback on planned projects or activities.

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Right to development

Right to development (Art. 1(1) ICESCR/ICCPR)

Both Articles 1(1) of the ICCPR and the ICESCR respectively state: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”.

The 1986 Declaration on the Right to Development further affirms that the right to development is “an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development”.

The UN Special Rapporteur on the right to development has elaborated that the right comprises three elements and four facets. The three elements are the ability of human beings to “participate in”, “contribute to”, and “enjoy” the right to development. The four facets are: economic, social, cultural, and political development. Pursuing these four facets together provides a pathway to realizing all human rights and fundamental freedoms. In addition, one can derive four overarching principles of the right to development from the 1986 Declaration and other relevant instruments: self-determination, intersectionality, intergenerational equity and fair distribution.

Environmental degradation poses considerable risks to the enjoyment of the right to development by depleting resources critical for livelihoods and sustainable growth. In  Syria, years of conflict have exacerbated environmental damage, with widespread deforestation, contamination of water sources, and the destruction of agricultural land, limiting recovery and sustainable development. These issues disproportionately affect displaced communities, whose reliance on natural resources for income and sustenance is vital, further entrenching poverty and inequality. Additionally, climate change impacts, such as prolonged droughts, intensify these challenges, hindering the country's ability to rebuild equitably.

As such, the 1992 Rio Declaration on Environment and Development states that individuals and communities should have appropriate access to information concerning the environment, as well as the opportunity to participate in decision-making processes. Actors who produce information about humanitarian or early recovery projects should provide that information transparently.

Causing or contributing to environmental harm and degradation poses serious risks to the human right to development. These environmental harms compromise the ability of affected communities to achieve sustainable livelihoods, access clean water, and maintain agricultural practices. Humanitarian actors should ensure that their activities do not exacerbate these risks by, for instance, carrying out environmental impact assessments as part of the HRDD process.

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Right to water and sanitation

Right to water and sanitation( 11(1) ICESCR/UNGA Res 64/292)

The human right to water is enshrined in Article 11(1) of the ICESCR. Although the provision lacks an explicit reference to water, the CESCR has elaborated that “the right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival”. The human rights to water and sanitation were also  recognized by the UN General Assembly in Resolution 64/292 “as a human right that is essential for the full enjoyment of life and all human rights”.

As the CESCR expounded, the “human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses”. The right to water encompasses “the right to be free from arbitrary disconnections or contamination of water supplies”.

When it comes to low quality IDP housing, for example, there is a high risk of water scarcity resulting from these projects. This is due to the fact that the demands of construction place significant pressure on water resources in areas that already suffer from water shortages, further impairing affected communities’ right to adequate water and sanitation.

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Right to private and family life

Right to private and family life(Art. 17 and 23 ICCPR)

The ICCPR provides protection for family and privacy in two of its articles:

Article 17 protects individuals from arbitrary or unlawful interference with their privacy and from unlawful attacks on their honor and reputation. It stipulates that everyone has a right to the protection of the law against such interferences or attacks. Article 23 recognizes the family as a unit that is deserving of protection by society and the state.

In the view of the Human Rights Committee, Article 17 must be guaranteed against all interferences and attacks, whether they emanate from State authorities or from natural or legal persons. The Committee deems the term “unlawful” interference to mean any interference that is not envisaged by the law, “…which itself must comply with the provisions, aims and objectives of the Covenant”. Any such law must comply with the provisions, aims, and objectives of the ICCPR. In this regard, it is important to acknowledge that “arbitrary interference” can also extend to interference provided for under the law.

Article 17 also affords protection to personal honour and reputation. The Human Rights Committee underscores that provision must be made for everyone effectively to be able to protect him or herself against any unlawful attacks that do occur, and to provide for effective remedy against those responsible accordingly.

With regard to privacy, “every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes”, in the Human Rights Committee’s view. The Committee makes clear that every individual should also be able to ascertain which public authorities, private individuals or bodies control or may control their files. If any files contain incorrect personal data or have been collected or processed contrary to the legal provisions, every individual should have the right to request rectification or elimination. Humanitarian NGOs should ensure that their data collection protocols protect the rights of data subjects.

Equally relevant in relation to the right to privacy is the enjoyment of privacy in the context of housing and shelter. NGOs should ensure that such accommodations respect residents’ right to privacy, including but not limited to the provision of a sufficient number of rooms and restroom facilities according to the number of residents.

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Right to adequate food

The Right to adequate food

The human right to adequate food is crucial for the enjoyment of all rights. The UN Committee on Economic, Social, and Cultural Rights (CESCR) affirmed that the right to adequate food is “indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfillment of other human rights”. This right is realized, according to the CESCR, “when every man, woman, and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement”. As such, the right to adequate food should not be interpreted restrictively by equating it with a minimum number of calories or nutrients.

The core content of the right to adequate food comprises:

  • The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;
  • The accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights

The right to adequate food may be impacted by environmental damage and degradation. For example, destroying agricultural land impairs the enjoyment of the right to food, especially for land users. Humanitarian NGOs may infringe on this right by, for example, building shelters or residential complexes on agricultural land.

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Right to an effective remedy

Right to an effective remedy (Art 8 UDHR; Art. 2(3) ICCPR; Art. 14 UNCAT)

A cornerstone of IHRL, the right to an effective remedy ensures that individuals who have suffered violations of their rights are able to access redress. Article 2(3) of the ICCPR mandates that states must provide effective remedies to those whose rights have been violated. This includes providing access to competent authorities, a fair trial, and compensation where necessary. Similarly, Article 14 of UNCAT ensures that victims of torture and ill-treatment have the right to an effective remedy, which includes the right to an impartial investigation, the ability to obtain compensation, and the right to reparation. Article 8 of the UDHR reinforces the principle that access to remedy is a fundamental human right.

Humanitarian NGOs may infringe on the right to an effective remedy by not providing adequate avenues for partner communities to seek redress for violations of their rights. For instance, NGOs might fail to ensure that individuals have access to judicial or non-judicial mechanisms to address grievances related to aid distribution, shelter, or protection. Without proper complaint mechanisms, those affected by human rights abuses may have no recourse for accountability.

In some cases, NGOs may also inadvertently support the perpetuation of injustice by failing to address discrimination or exclusion within their programmes. For example, in cases where aid is allocated based on criteria that exclude certain vulnerable groups (e.g., undocumented individuals), these affected persons may be denied access to remedy. Additionally, partnerships with local authorities or militias that have been involved in rights violations could further limit avenues for grievance redress for beneficiaries. As highlighted in the UN Guiding Principles on Business and Human Rights, ensuring access to effective remedy requires comprehensive grievance mechanisms that are accessible, transparent, and independent, which humanitarian NGOs should prioritize.

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Freedom from torture or cruel, inhuman, or degrading treatment or punishment

Freedom from torture or cruel, inhuman, or degrading treatment or punishment (Art. 7 ICCPR)

The prohibition of torture or cruel, inhuman, or degrading treatment or punishment is found in the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Convention on the Rights of Persons with Disabilities, the ICCPR, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). The purpose of the prohibition is to protect the inherent dignity of the individual.

Article 7 of the ICCPR states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

The Article proscribes three types of behaviour. A person may not be subjected to:

  • Torture
  • Treatment or punishment which is cruel and inhuman
  • Treatment or punishment which is degrading.

This means that the prohibition contained in Article 7 of the ICCPR may still be violated if the torture threshold is not met, by, for instance, the perpetration of degrading treatment.

The UNCAT defines torture as:

any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Inhuman treatment or punishment is treatment which causes intense physical or mental suffering. Degrading treatment refers to treatment that is extremely humiliating and undignified.
Inhuman or degrading treatment could include:

  • serious physical assault
  • serious physical or psychological abuse in a health or care setting
  • threatening to torture someone, if the threat is real and immediate

The prohibition relates not only to acts that cause physical pain, but also to acts that cause mental suffering to the victim.

The prohibition of torture, cruel, inhuman, or degrading punishment is absolute, meaning that is a non-derogable right. It is also a peremptory norm of international law (or ‘jus cogens’ norm), meaning it is an international legal norm from which no derogation is permitted. Furthermore, the commission of torture itself constitutes a stand-alone international crime.

Humanitarian NGOs must ensure that neither their operations, services, nor contractual partners are directly or indirectly involved in violating the prohibition against torture and other forms of cruel, inhuman, or degrading treatment. Such abuses may occur by providing inadequate or substandard medical care, for instance, under duress or without informed consent. Forced treatment or failure to address pain or trauma in humanitarian settings can amount to degrading treatment. This would also include the lack of or subpar treatment of detainees, or individuals with opposing political views to the governing bodies. Abuses may also manifest by neglecting the needs of vulnerable groups, such as persons with disabilities, women, or children, particularly when shelters are overcrowded and lack sanitation facilities. Failure to implement and uphold protection measures to prevent or address exploitation and abuse may also result in violating the prohibition on torture, cruel, inhuman, or degrading treatment.

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Recruitment of Child Soldiers

Protection from forced recruitment or participation of children in hostilities

IHL prohibits the recruitment of children into armed forces or armed groups. No child under the age of 15 shall be enlisted in armed forces or groups, nor engaged in hostilities. When recruiting individuals aged 15 to 18, Parties to the conflict shall make every effort to prioritize the oldest within this age group.

Humanitarian NGOs must avoid inadvertently enabling environments where such abuses occur and should perform comprehensive due diligence on third parties prior to partnering with them.

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Protection from child marriage

Protection from child marriage(Art. 16 and 34 CRC; Art. 16(2) CEDAW)

Children have the right to be protected from marriage. Child marriage constitutes a violation of multiple human rights, including the right to education and health. Article 16 of the Convention on the Rights of the Child emphasizes the right of children to be free from arbitrary or unlawful interferences with their privacy, family, home or correspondence, which must be interpreted to include early marriage. Article 34 of the CRC obliges states to take steps to prevent sexual exploitation, which is often linked to child marriage. CEDAW’s Article 16(2) calls for a minimum marriage age to protect women and girls from early marriages.

Humanitarian NGOs may inadvertently infringe upon the protection of children from early marriage by either directly supporting harmful practices, such as facilitating dowries or marriage arrangements, or indirectly neglecting to address cultural norms that perpetuate child marriage. Without safeguards and culturally sensitive programming, NGOs may fail to challenge child marriage within the communities they serve or even collaborate with local authorities who condone it, further legitimizing the practice. To mitigate this, NGOs must implement child protection measures and ensure gender-sensitive programming.

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