A/HRC/39/51
are relatively uncommon in low- and middle-income countries.33 While existing systems
even in high-income countries need to be further evaluated in terms of accessibility,
including for linguistic minorities and for persons with disabilities, providing information
about budgets, regulatory changes and programmes in an accessible format and seeking the
feedback of beneficiaries are of utmost importance for effective participation and ensuring
that no one is left behind.
29.
In its World Development Report 2017, the World Bank provides multiple examples
of cases where increasing the direct representation of women and disadvantaged or
minority individuals in legislative assemblies and other political bodies can help to bring
about policies that are aligned with the needs of these groups, and how the political
representation of disadvantaged groups seems to be effective in reducing poverty. 34 Other
examples of effective participation provided are various forms of direct democracy and
public deliberations that allow group-based discussion and weighing of alternative
preferences, and this can assist in improving the legitimacy of decisions by clarifying the
needs and demands of local constituencies. 35 It is argued that public deliberation is most
successful at the local level and can complement decentralization reforms. 36
30.
Another crucial precondition to achieving progress towards equality and promoting
the right to development is the existence of accessible and effective accountability
mechanisms. Providing effective remedies for human rights violations, including
discrimination, is a basic obligation of States under international human rights law, which
not only recognizes the individual human rights of every human being, but places an
obligation on States to ensure, secure or guarantee the effective enjoyment of human rights
with its jurisdiction.37 The Committee on Economic, Social and Cultural Rights has stated
in its general comment No. 9 (1998) on the domestic application of the Covenant that, for
the Covenant norms to be recognized in appropriate ways within the domestic legal order,
appropriate means of redress, or remedies, must be available to any aggrieved individual or
group, and appropriate means of ensuring governmental accountability must be put in place.
States have recognized the importance of providing remedies for gender inequalities by
electing the indicator of whether or not legal frameworks are in place to promote, enforce
and monitor equality and non-discrimination on the basis of sex as an indicator for
achieving Sustainable Development Goal 5. More recently, principle 29 of the Guiding
Principles on Business and Human Rights suggested that business enterprises also need to
make it possible for grievances to be addressed early and remedied directly, by establishing
or participating in effective operational-level grievance mechanisms for individuals and
communities who may be adversely impacted.
V. Right to development and addressing inequalities in the
Sustainable Development Goals
31.
The 2030 Agenda recognizes “rising inequalities within and among countries”,
“enormous disparities of opportunity, wealth and power” and persistent “gender inequality”
as “immense challenges” confronting the world today. Under the Agenda, a commitment is
made to leave no one behind, to ensure targets are met for all nations and peoples and for
all segments of society, and to reach the furthest behind first. Consistent with international
human rights law, the 2030 Agenda contains a commitment to combating income and
wealth inequalities and acknowledges that relative inequalities in income and wealth
33
34
35
36
37
Ibid., p. 150, figure 5.6.
Ibid., p. 180.
Ibid., p. 239.
Ibid., pp. 239–240.
See, for example, art. 2 of the International Covenant on Civil and Political Rights, art. 2 of the
International Convention on the Elimination of All Forms of Racial Discrimination, art. 2 of the
Convention on the Elimination of All Forms of Discrimination against Women, art. 2 of the
Convention on the Rights of the Child, art. 1 of the Arab Charter on Human Rights, art. 1 of the InterAmerican Convention to Prevent and Punish Torture and art. 1 Convention for the Protection of
Human Rights and Fundamental Freedoms (European Convention on Human Rights).
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