A/HRC/37/54
for economic policymakers. The strengthening of national statistics for monitoring
progress towards the achievement of the Sustainable Development Goals may
facilitate efforts to monitor progress in some fields of human rights realization, but
may need to be accompanied by additional indicators covering particular rights.
76.
While the guiding principles will focus on important policies and processes that
governments put in place in the immediate aftermath of a crisis, it is equally
important to consider the measures that governments take in the medium and longer
term to build transformative resilience, even during healthy economic times.
Experience has shown the importance of transformative policy responses through the
strengthening of institutions and policies to enable governments and people — in
particular the poor and vulnerable — to weather shocks and to recover swiftly
following a crisis.
77.
The Independent Expert intends to circulate the draft guiding principles for
assessing the human rights impact of economic reform policies to States, international
financial institutions, national human rights institutions, civil society organizations
and other relevant stakeholders by August 2018 with a view to obtaining written
feedback in the form of comments from all stakeholders. The draft guiding principles
will also be published on his official web page. He also plans to convene during 2018 a
second expert meeting, circulate the revised draft based on feedback received, and
hold a public consultation with States and other stakeholders. The Independent
Expert would like to submit the final text of the guiding principles to the Human
Rights Council for its consideration at its fortieth session.
B.
Recommendations
78.
In order to advance the discussion on the development of the guiding principles
for assessing the human rights impact of economic reform policies, the Independent
Expert recommends that the guiding principles should:
(a)
Recognize that managing economic and fiscal affairs is a core
government function, while underlining the obligations of States and international
financial institutions to ensure that their economic reform policies and conditionalities
on financial support respect human rights;
(b)
Draw on existing human rights standards relating to economic, social,
cultural, civil and political rights at the international and regional levels, including
core international human rights treaties, their authoritative interpretation in general
comments, statements, decisions, guiding principles, concluding observations and
recommendations issued by international human rights mechanisms;
(c)
Set out the normative framework that has emerged from the extensive
work carried out to date in relation to human rights and the financial crisis, and
provide specific guidance on how to apply the framework. That should include
specific guidance on assessing economic reform policies with a view to: (i) identifying
positive human rights impacts; (ii) preventing or mitigating adverse impacts on the
enjoyment of economic, social, cultural, civil and political rights; (iii) identifying and
preventing potential violations of the core minimum obligations relating to economic,
social and cultural rights; (iv) screening economic reform measures against
discriminatory impacts in law and in practice that are incompatible with international
human rights law; (v) identifying impermissible retrogression of economic, social and
cultural rights; and (vi) clarifying the circumstances in which certain retrogressive
measures may be justifiable, based on the principles of necessity, proportionality,
legitimacy and reasonableness;
(d)
Be applicable to different circumstances in the context of acute financial
crises, in less challenging economic times, in developing countries and in highly
advanced economies;
(e)
Ensure prompt consideration of various policy alternatives, beyond
austerity measures, in response to fiscal constraints;
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