Human Rights-Based Approach

Human rights are the basic freedoms and protections that everyone automatically has, simply for being human. These include the right to life, liberty, and fairness, and they guarantee that no one should be tortured, enslaved, or discriminated against. The Universal Declaration of Human Rights first listed these rights for all people in 1948, and later the European Convention on Human Rights made them a legal obligation for countries in Europe. 

Governments have a duty to protect these rights, and if they fail, they break their legal promise. People in Europe can take their case to the European Court of Human Rights if their rights are violated, and the Court’s decisions are final and binding. Before going to the European Court, however, a person must first try to solve the problem in their own country’s courts, giving each nation the first chance to put things right. Around the world, the United Nations also helps by reviewing each country’s human rights record every four years to ensure they are keeping their promises. 

The Equalities and Human Rights Commission introduces human rights in a short 2-minute video below.

The NRPF condition is deeply relevant to human rights because it places individuals and families at risk of having their most basic rights violated. For those with NRPF, the inability to access public funds directly threatens several human rights, including: 

• The right to an adequate standard of living: This includes the right to adequate food, clothing, and housing, as outlined in international human rights law. NRPF can lead to destitution, homelessness, and severe material deprivation. 
• The right to health: Lack of financial support can prevent individuals from accessing healthcare, nutrition, and adequate housing, directly impacting their physical and mental health. 
• The right to non-discrimination: The NRPF condition disproportionately affects Black and minority ethnic communities, women, and children, particularly those with insecure immigration status. A human rights approach requires us to prioritise those in the most marginalised situations who face the biggest barriers to realising their rights. 

The importance of human rights is also practical. Human Rights assessments are among the few tools local authorities have to support individuals and families with NRPF. The assessment provides an opportunity for local authorities to identify and document a pathway of action to assist an individual or family who is part of an excluded group who may be eligible for social services support. 

Individuals and families with NRPF can also use their human rights, specifically Article 8 (Right to a family/private life) as a means to evidence the need for an IHS fee waiver; although the threshold of evidence is substantial, it is advised that those interested in doing so, should seek legal advice. 

The FAIR process is a practical tool developed by the Scottish Human Rights Commission to support communities and organisations in “name and claim” their rights in practice. It provides a structured way to apply a human rights-based approach to a specific issue. The process has four stages: 

• F – Facts: This stage involves finding out the experiences of people affected by the issue. It focuses on gathering key facts and understanding the situation from their perspective. 
• A – Analyse Rights: Here, you identify which specific human rights are at stake. For example, with NRPF, this might be the right to adequate housing, the right to family life, or the right to be free from inhuman or degrading treatment.
• I – Identify Responsibilities: This stage identifies the “duty-bearers”—who are responsible for upholding these rights. It asks what changes are needed and who is responsible for making them (e.g., local authorities, government departments, social services).
• R – Review Actions: The final stage involves making clear recommendations for action, implementing them, and then monitoring and evaluating the results. It requires asking what has happened as a result of the actions taken. 

The PANEL approach is a set of internationally recognised principles that form the foundation of a human rights-based approach. They help make human rights real in practice. The acronym stands for:

• P – Participation: Everyone has the right to take part in decisions that affect their rights. This means actively, freely, and meaningfully involving people with lived experience of NRPF in the design, implementation, and monitoring of policies and services that impact them. 
• A – Accountability: People should be able to hold duty-bearers (public authorities) to account. This requires effective monitoring, transparency, and access to effective remedies or justice when human rights are breached
• N – Non-discrimination: Everyone should live free of discrimination. This principle requires prioritising the needs of those who are most marginalised and face the greatest barriers, ensuring that policies like NRPF do not have a disproportionate, discriminatory impact.
• E – Empowerment: Everyone should be able to name and claim their rights. This means ensuring that individuals and communities understand their rights and are supported with the tools, resources, and advocacy to claim them effectively.
• L – Legality: International human rights law and standards are used to frame policies and practices. This approach recognises human rights not as aspirations, but as legally enforceable entitlements that must be respected in law and practice. 

The Scottish Human Rights Commission introduces the PANEL approach in a 5-minute video below.