A/HRC/28/73 (c) Thirdly, corruption can concern society at large (general negative impact). This means that, in addition to the effect that corruption has on individuals or groups, there is also a negative impact upon society at large, whether this is in a national or an international sense. There are two main aspects that are frequently mentioned in discussions of the negative impact of corruption on human rights. 15 The first aspect relates to the financial and economic resources that are affected by corruption. Corrupt practices divert funds from development and therefore imply a reallocation of funds that may interfere with the effective enforcement of human rights, especially for vulnerable people. Corruption reduces the resources available for the progressive realization of economic, social and cultural rights (and therefore undermines States’ obligations under article 2 of the International Covenant on Economic, Social and Cultural Rights). The second aspect relates to the realization of democracy and to implementation of the rule of law. If the authorities of a State are pervaded by corruption, the people’s confidence in the government, and eventually in the democratic order and the rule of law, is undermined. 21. For the purposes of the present report, it is of minor importance whether a single act of corruption leads to a violation of human rights in a strictly judicial sense. The meaning of the term “negative impact on human rights” is much broader than “violation of human rights”. While a court dealing with possible violations of human rights has to consider whether a specific human right has been violated, measures against corruption can take into account different types of negative impact from corruption. 22. Corruption has a negative impact on the enjoyment of human rights of all those affected by it. But its negative impact on the enjoyment of human rights by vulnerable persons is compounded. Persons belonging to minorities, indigenous peoples, migrant workers, persons with disabilities, refugees, prisoners, women, children and those living in poverty are often the first to suffer from the impact of corruption. 16 This underscores the obligation of every State to protect the human rights of people belonging to those groups in order to prevent any human rights violation caused by corruption. 23. Another approach to classifying types of corruption is to differentiate between active and passive corruption. This distinction is discussed, for example, in the commentaries on the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which is sponsored by the Organization for Economic Cooperation and Development (OECD).17 Active corruption means spending money or providing other benefits to achieve undue advantages, whereas passive corruption refers to the receipt of money or other benefits as an undue advantage. The distinction between offering bribes and taking bribes is very clear. Nevertheless, it is doubtful whether this distinction is helpful from a human rights perspective. The focus of the present report is on the negative impact of corruption on the enjoyment of human rights, and therefore it has a victim-oriented approach. In cases of corruption, it can be difficult to determine whether the victim has taken part in the corrupt act actively or passively. It is even possible that the victim has stood outside the corrupt agreements. For example, where people are forced to pay for access to public services, those who pay bribes are active in corruption but they are also victims. For that reason, the OECD anti-bribery convention does not use the term “active 15 16 17 8 These aspects are also discussed in the OHCHR submission to the questionnaire. Seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/52/2, para. 80. Available from http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf. The Convention was adopted by the Negotiating Conference on 21 November 1997 and entered into force on 15 February 1999. See also the seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/52/2, para. 72 et seq.