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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