A/HRC/42/38
103. Governments should conduct human rights impact assessments 9 from the very
beginning of a development project or policy formulation in order to inform the design or
programming of that project or policy. The assessments should ensure that the concerns of
affected communities are taken into account and should be repeated periodically in order to
monitor change and evaluate progress. Specifically:
(a)
States should only allow development projects to go ahead if it has been
demonstrated that the human rights impact assessment conducted has been taken into
account;
(b)
Governments should specifically evaluate the right to development in their
impact assessments in order to understand the broader picture of a project’s or a policy’s
impact (for example, its effect on individuals, groups, nations and peoples; the impact of
international dimensions of equality, the fair distribution of benefits and the impact on the
environment; and the processes of participation, inclusiveness, non-discrimination,
indivisibility of human rights and equality of opportunity) rather than solely the impact of
the policy or project on a narrow subset of individual rights;
(c)
States should transparently disclose the results of human rights impact
assessments to the public;
(d)
Communities that are consulted as part of a human rights impact assessment
process should play a role in the implementation of the assessed project;
(e)
Government officials should be trained to perform human rights impact
assessments and to apply a right-to-development lens;
(f)
Governments that have successfully implemented human rights impact
assessments should share that knowledge with other Governments so that they can learn
from prior practice.
104. Governments should conduct human rights impact assessments when planning and
implementing austerity measures. 10 The practice of conducting human rights impact
assessments, including in areas like trade and finance, 11 should be further developed.
105. States should promote research and development on evaluation processes; human
rights principles should be mainstreamed into evaluation trainings.
106. States, individually and collectively, should develop the capacity of and provide
support to communities and other actors in the establishment of monitoring and evaluation
mechanisms. This will enable communities to conduct evaluations of development
programmes and produce relevant independent reports.
107. Governments and international organizations should ensure that evaluations are a
multi-stakeholder endeavour and that they are implemented before, during and after
development programmes have been executed. States should ensure that the right to
development is monitored at all levels of government, including by subnational government
bodies.
9
10
11
poor quality of work, the threat of violence, and living in areas that are environmentally hazardous,
among others.” See https://ophi.org.uk/policy/multidimensional-poverty-index/.
A human rights impact assessment is an instrument for measuring the effects of a policy, piece of
legislation, programme or project on human rights. World Bank, Human Rights Impact Assessments:
A Review of the Literature, Differences with Other Forms of Assessments and Relevance for
Development (February 2013), p. 1. The Guiding Principles on Business and Human Rights address
the need to assess the human rights impacts of business activities as “human rights due diligence”
(A/HRC/17/31, annex, principles 4 and 17–21).
See the guiding principles on human rights impact assessments of economic reforms developed by the
Independent Expert on the effects of foreign debt and other related international financial obligations
of States on the full enjoyment of human rights, particularly economic, social and cultural rights
(A/HRC/40/57).
See, e.g., the ex ante human rights impact assessment commissioned by the Economic Commission
for Africa, the Friedrich-Ebert Stiftung Geneva office and OHCHR, The Continental Free Trade Area
(CFTA) in Africa: A Human Rights Perspective (2017).
13
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