A/HRC/37/54
24.
Measures were very often characterized by horizontal, indiscriminate cuts across
policy areas in order to meet financial savings that were determined in advance, rather than
based on assessments of who would be impacted, whether and how the enjoyment of rights
would be affected and whether alternative measures were available. Short-term measures
have often been justified on the basis of their outcome in the long run, but there is a lack of
empirical evidence that austerity measures have contributed to improved enjoyment of
human rights for all in the long run. In fact, short-term measures that supposedly promise
future social benefits may harm individuals in an irreversible manner and affect their rights,
capabilities or health in a persistent manner. Austerity policies have contributed to
increased social exclusion, as evidenced by long-term unemployment, an increase in
homelessness and other manifestations for which there are no easy cures. Addressing such
consequences costs governments much more than investing in their prevention. It seems
obvious that understanding and monitoring the human rights impact of economic reform
policies are critical for preventing and mitigating short- and long-term impacts and for
building resilience to future crises.
IV. Why human rights should guide economic reform
programmes
A.
Legal imperatives
25.
In the context of situations of financial stress, States’ obligations to promote the
realization of human rights can be broadly categorized as: (a) relating to policy measures at
the international, national and local levels to prevent financial crises; and (b) relating to
minimizing and mitigating the human rights impact of financial crises once a crisis occurs.
The two categories are related. The first category is likely to entail a far wider range of
measures — from specific measures to boost employment and social protection and reduce
inequality, so as to improve banking regulation and strengthen resilience and preparedness
for the next crisis, to more general measures such as addressing the underlying causes of
financial crises through changes in the international financial architecture. While the
present report focuses more on the second category, the two are interlinked and cannot be
completely separated.
26.
Human rights do not dictate the specific policy measures that States should take in
response to crises or other financial stress. States have the discretion to select and adopt
policy measures according to their specific economic, social and political circumstances.
Yet, this discretion is not without bounds; fiscal adjustment must be designed in line with
specific substantive and procedural human rights obligations, which draw certain redlines
that should not be crossed.24
27.
While States have the primary responsibility to comply with international human
rights treaties and standards, international financial institutions and other international
organizations are also bound to respect human rights. States and relevant United Nations
agencies should ensure that the protection of the most basic economic, social and cultural
rights is, to the maximum extent possible, built into programmes and policies aimed at
promoting adjustment.25 Like any other subject of international law, international financial
institutions are bound by the obligations incumbent upon them under the general rules of
international law, under their constitutions or under the international agreements to which
they are parties. They are therefore obligated to comply with the human rights set out in the
Universal Declaration of Human Rights and in international human rights treaties, which
24
25
8
See Center for Economic and Social Rights, “Assessing austerity”; and Aoife Nolan, “Not fit for
purpose? Human rights in times of financial and economic crisis”, European Human Rights Law
Review, vol. 4 (2015) pp. 360–371.
See Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, Advisory
Opinion, I.C.J. Reports 1980, p. 73, at p. 89, para. 37; E/C.12/2016/1, paras. 7–9; and Committee on
Economic, Social and Cultural Rights, general comment No. 2 (1990), para. 9.
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