A/HRC/34/57
creditors, including international or regional financial institutions. Such reforms have
often reduced the legal protection of workers and affected the bargaining power of
trade unions, with important implications for workers’ standard of living, economic
equality and social cohesion, among others. In a number of cases, these reforms have
amounted to violations of human rights obligations and international labour
standards, as documented by, among others, the international bodies monitoring these
rights.
56.
The present report challenges the widespread belief that deregulating the
labour market will further growth and employment. An increasing number of studies
have actually pointed to the positive economic effects of labour standards, including
on productivity and innovation. In addition, evidence that downscaling domestic
labour legislation has actually helped to ensure economic and financial recovery is
weak.
57.
Financial crises are usually not caused by excessive labour regulation and
labour deregulation does not help to overcome them. In fact, conventional austerityrelated labour reforms implemented during the last years do not seem to have helped
countries recover nor have they resulted in restoring access to employment to precrisis levels. Instead, they have undermined labour and other social rights contained
in international law. It is therefore time to question the conventional wisdom that the
deregulation of labour markets is a suitable and legitimate approach for responding to
financial crises. Rather, the opposite is needed, that is, reform measures guided by the
normative content of labour rights contained in international human rights law that
foster gender equality, enhance employment and provide better access to these rights
for marginalized groups and individuals.
VI. Recommendations
A.
Ensure respect for labour rights through human rights impact
assessments
58.
It is essential to submit austerity-related reforms to robust human rights
impact assessments before they are carried out. 90 First of all, any such impact
assessment should include an assessment of the impact of such measures on the
population, including whether there are any viable human rights compliant policy
alternatives to austerity reforms, before they are carried out and should recommend
policies that meet the economic needs of the country in a manner that fully protects
human rights. Too often, the measures taken, as in the case of European austerity,
have not improved the economic situation, but have, simultaneously, substantially
worsening the human rights of millions of people.
59.
Human rights impact assessments should feed into both the policymaking of the
State considering reforms as well as that of the external actors recommending or
requiring such reforms, such as international financial institutions. Such assessments
should:
(a)
Be carried out by an entity possessing sufficient independence from the
relevant decision makers;
(b)
90
Cover both labour market reforms and other austerity-related reforms;
See A/71/305, para. 60.
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