Rights-based Perspective

RIGHTS-BASED PERSPECTIVE

The Human Rights-based Approach is defined as an approach that “focuses on those who are most marginalized, excluded or discriminated against” (United Nations Population Fund [UNFPA], 2014). This approach seeks to assess and analyze the basics of human rights, different forms of abuse, discrimination, and violence against the vulnerable and marginalized, while ensuring that there are certain interventions and mechanisms in place that seek to address this and promote and protect human rights. Using this approach as one of the bases of this study showcases multiple perspectives whereby it is not simply ensuring that the surviving families are informed and fully aware of their fundamental rights and how those rights have been violated, but by advocating for accountability from the State as the duty bearers. Consequently, having an understanding and acknowledgement of the basic human rights means that there is a conscious effort to ensure that those rights are upheld and protected.

Figure 1

Conceptual Framework

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As seen in Figure 1, the theories and perspectives make up the whole framework of the study. The study will analyze the ecological (micro, mezzo, macro, and chrono), biopsychosocial and spiritual systems affecting the survivors.

Using the Social Systems Theory, the micro system, which comprises the individual and its various human relationships such as their familial relationships and friendships, will be examined through the personal experiences of the EJK surviving families left behind. They will also be specifically asked how they were able to deal, cope with, and recover from the violation.

For the mezzo system, the neighborhood, organizations, groups, and communities which the EJK surviving families belong to or have interacted with, will be examined. The focus will be on how their interactions with these systems affected them as individuals and families— may it be positively or negatively— and how the social dynamics and cohesion of these systems were also affected. Moreover, the partner organizations and other individuals and organizations deemed concerned about and helpful for the study, will be interviewed as well.

For the macro system, the government policies and laws concerning the human rights violation shall be examined and analyzed through desk research and interviews with national agencies such as the CHR. Additionally, how the local government and national government responded to the cases of the participants shall also be examined.

Lastly, the chrono system defined in the Ecological Systems Theory, will further explore the different changes and effects on the families during the different phases of their lives after the EJK incident, identifying the positive and negative impacts during the grieving, coping, and recovery stages, and even other factors that might have further affected the family after the death of the EJK victim. Additionally, since primary relationships of a person, according to Bronfenbrenner (2001), should be made with people who are capable of giving care, in the context of the WoD, immediate family members and communities should possess this quality in order to support the survivors. Moreover, the organizations and institutions concerned should also seek to provide holistic care to the families.

While looking through these systems, the biological, psychological, social, and spiritual systems inside the said systems will be investigated, examined, and analyzed.

Additionally, the lenses that will be applied and taken into careful consideration while examining these various systems are the Strengths-based Perspective and Rights-based Perspective. The Strengths-based Perspective will guide in identifying the useful and beneficial factors that helped the individuals and families to better

cope with the effects of the violation and helped them recover. It will also guide in the analysis of how the participants can use their strengths and opportunities around them in claiming justice from the violation. Lastly, the Rights-based Perspective will guide the researchers in analyzing the different kinds of human rights violations and discrimination experienced and recommend possible actions or steps to ensure that their rights are upheld and protected.

On the other hand, the Empowerment Theory could guide in creating possible practical interventions to help the surviving families grieve and cope in a healthy manner, and fully recover from the aftereffects of the EJK incident as it takes into account the internal strengths, capacities, and both internal and external resources of the individual. Moreover, it could also help in exploring and informing various ways on facilitating desire to seek government accountability and legal justice, how to combat stigma and discrimination experienced by the surviving families, organizing the survivors to becoming human rights advocates, and exploring possible assistance based on the needs of the families to help facilitate recovery. Looking into the capabilities, strengths, competencies, skills, and resources of the surviving families, this theory, as one of the main guiding theories, shall be used in examining all the components comprising the research.

Throughout the examination and analysis of the narratives, the facilitating factors that benefited the participants in the interaction between the different systems using the different lenses/perspectives will be the focus of the research. This is to inform the creation of referral pathways and draw out the possible roles the survivors may embody in advocating for human rights, including claim-making or demanding financial reparation from the State.