Human Rights Measurement: Reflections on the Current Practice and Future Potential of Human Rights Impact Assessment

Abstract

This article critically evaluates the current practice and future potential of human rights impact assessment (HRIA) as a tool of human rights measurement. The article first explores the origins and purposes of HRIAs and the claims made by commentators about what HRIAs can achieve. It goes on to provide an overview of existing practice in HRIA in a wide variety of different fields including health, business, trade, child rights, and development. It then argues that poor practice, particularly among governmental and business actors, highlights the need for greater scrutiny of what the HRIA process should entail. The central part of the article sets out eight core elements that should be included in an HRIA in any field and highlights good and bad practice with regard to each element. This analysis provides the starting point for a better shared conception of what the HRIA process should involve. Three further suggestions are then made to improve future practice: enhancement of collective understanding of key methodological aspects of the HRIA process; more effective and practical support and guidance for those undertaking assessments; and the monitoring of HRIAs in order to highlight and publicize both good and bad practice. On the basis of this, the article concludes by arguing that HRIAs should not be rejected as tools for human rights measurement, but rather strengthened and enhanced.