A/HRC/37/54
measures to reduce or eliminate discrimination,27 such as affirmative action. It is therefore
essential that the human rights impact of austerity measures and economic reform policies
on different groups in society is not only assessed, but those groups must also participate in
a meaningful manner in the assessment. That includes, in particular, groups at risk of
marginalization or vulnerably, such as women, children, the elderly, ethnic, national,
linguistic, religious or other minorities, migrants, persons with disabilities and others.
Based on context-specific circumstances, the human rights impact of economic reform
policies on other social groups at risk, such as indigenous peoples, refugees or internally
displayed persons, also needs to be assessed and the participation of those groups in the
assessment should be ensured. Particular attention must be given to intersecting patterns of
discrimination and inequality that compound each other.
31.
States and international financial institutions have a duty to assess the impact of
proposed and implemented economic reform measures, in particular, when significant
adverse human rights impacts are expected.28 Both the Guiding principles on foreign debt
and human rights 29 and the Guiding principles on extreme poverty and human rights 30
enjoin States and international financial institutions to carry out human rights impact
assessments in relation to their respective policies. Treaty bodies have underlined in their
general comments the obligation of States to undertake human rights impact assessments in
the context of budgeting, business activities, trade and investment agreements and
privatization of public services, including in relation to potential extraterritorial human
rights impacts.31
32.
The guiding principles for assessing the human rights impact of economic reform
policies do not aim to create new international legal obligations, but rather highlight the
implications of existing international human rights norms and standards applicable to States
and international financial institutions in the context of economic reform measures. While
United Nations human rights bodies have already highlighted key human rights principles
and standards against which adjustment policies should be reviewed, there is need to
develop more practical guidance on how to design and implement a human rights impact
assessment in practice. That would enable the move from human rights on paper to human
rights in action. The guiding principles for assessing the human rights impact of economic
reform policies should assist States, international financial institutions and other
stakeholders in designing, implementing and monitoring economic reform programmes
with the aim of ensuring the protection of human rights. They should be useful to States for
designing economic reform measures aimed at preventing financial crises, but also in more
complex situations, such as when a country is already facing a financial crisis and is
dependent on international financial assistance from international financial institutions.
B.
Economic imperatives
33.
Respect for human rights and social inclusive economic growth are not necessarily
in opposition, as popular view holds, but can reinforce each other. Economic growth and
development are essential to progress in human development and the realization of human
rights, such as generating jobs and income opportunities as well as resources for investment
in social and economic infrastructure, among others. However, the quality and orientation
of economic growth matter as wide inequalities in and of themselves can dampen growth. It
27
28
29
30
31
10
See also Guiding Principles on human rights impact assessment for trade and investment agreements
(A/HRC/19/59/Add.5), appendix, para. 2.5.
See E/C.12/2016/1, paras. 4 and 11; also A/HRC/31/60/Add.2, paras. 81 (a) and 83 (b);
A/HRC/34/57/Add.1, para. 83; E/C.12/PRT/CO/4, para. 20; CRC/C/GRC/CO/2-3, para. 29;
CEDAW/C/GRC/CO/7, para. 40; E/C.12/GRC/CO/2, paras. 14, 24 and 32.
See A/HRC/20/23, annex.
See A/HRC/21/39.
See Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in the context
of business activities, paras. 17 and 21–22; and Committee on the Rights of Children, general
comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 47.
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