A/HRC/39/24 essential content of human rights.14 Furthermore, any trade-off leading to a retrogressive level of protection of a human right should be treated as highly suspect, and instead solutions should be found where losses and gains were shared across groups. He stressed that international financial institutions also had human rights obligations and should perform human rights impact assessments, for example with regard to austerity measures. Economic, social and cultural rights should be seen as a tool for sound macroeconomic policies. He noted that economic growth was not an end in itself, and that the goal should be full human development grounded on a human rights-based approach. 44. Ms. Abdul Rahim referred to the development of the Arms Trade Treaty 15 as a good example of how civil society-driven initiatives could result in the creation of a legally binding instrument aimed at preventing human rights violations related to conventional arms, munitions, parts and components. Its article 7 required States parties not to authorize an arms export where there was an overriding risk that, among other things, the conventional arms or items could be used to commit or facilitate a serious violation of human rights law, or that the conventional arms or items would contribute to or undermine international peace and security. Amnesty International had developed a three-step methodology with elements to consider when forming a judgment as to when there was an overriding risk that such violations could occur. 16 45. She noted that States parties to the Arms Trade Treaty must consider whether there were measures that could be undertaken to mitigate the risk, among other things, of the commission or facilitation of a serious violation of international human rights law. If the exporting State party determined that there was an overriding risk of the negative consequences listed in article 7 (1), it must not authorize the export. The analysis of “overriding risk” should be carried out by competent national authorities, on the basis of an objective and non-discriminatory consideration of all available evidence of the past and present circumstances in the recipient country regarding the proposed end use and end user. In terms of ratification and implementation of the Arms Trade Treaty, she stressed that the universal periodic review could play an important role in encouraging an increase in the number of States parties, in exchanging good practices and in collectively reassessing progress. 46. Ms. Philpot-Nissen argued that States should use the universal periodic review to call for the signature, ratification and implementation of the Treaty on the Prohibition of Nuclear Weapons17 in States under review. Once it reached ratification by 50 States, the treaty would prohibit a range of nuclear weapon-related activities. She noted that the use of nuclear weapons had catastrophic humanitarian consequences and required a human rights impact assessment. The health impacts on the Japanese population after nuclear weapons were used during the Second World War had been well documented throughout the lives of survivors. 47. She noted that ionizing radiation from nuclear weapons caused particular harm to certain groups of people, including women, children, and indigenous peoples who relied heavily on an unaffected environment. The Treaty on the Prohibition of Nuclear Weapons called for age-sensitive and gender-sensitive assistance, without discrimination, including medical care, rehabilitation and psychological support. The International Campaign to Abolish Nuclear Weapons, a global civil society coalition, had received the Nobel Peace Prize in 2017 for its groundbreaking efforts to achieve a treaty-based prohibition of such weapons. Furthermore, she noted that the Human Rights Committee, in its draft general comment No. 36 on the right to life, referred to necessary measures by States to stop the proliferation of nuclear weapons. 14 15 16 17 See A/HRC/19/59/Add.5, appendix, paras. 6.3–6.5. See General Assembly resolution 67/234 B. See also A/HRC/35/8, www.icrc.org/en/publication/4252-understanding-arms-trade-treaty-humanitarian-perspective and wilpf.org/wilpf_publications/gender-based-violence-and-the-arms-trade-treaty/. See www.amnesty.org/en/documents/document/?indexNumber=act30%2F0003%2F2015. A/CONF.229/2017/8. 11

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