A/HRC/28/73
13.
As a result of developments over the past years, it has been established that there is a
clear linkage between the negative impact of corruption and impairment of the enjoyment
of human rights. For example, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) stated in November 2013:
“In recent years, United Nations and regional organizations have increasingly
recognized the negative impacts of corruption on the enjoyment of human rights.” 10
14.
An important step in that direction was the United Nations conference on anticorruption measures, good governance and human rights, which was organized pursuant to
Commission on Human Rights resolution 2005/68 and was held in Warsaw on 8 and
9 November 2006 (see A/HRC/4/71). One session at that conference highlighted the
adverse effect of corruption on human rights and aimed to identify the role of anticorruption measures in protecting human rights and creating an environment conducive to
the promotion of those rights.
15.
Earlier, in its resolution 2003/2 of 13 August 2003, the Sub-Commission on the
Promotion and Protection of Human Rights had established a mandate for a special
rapporteur on corruption and its impact on the full enjoyment of human rights, in particular
economic, social and cultural rights. That mandate was subsequently endorsed by the
Commission on Human Rights in its decision 2004/106. The Sub-Commission appointed
Christy Mbonu as the Special Rapporteur, who was tasked with preparing a comprehensive
study on corruption and its impact on the full enjoyment of human rights, in particular
economic, social and cultural rights, based on her working paper (E/CN.4/Sub.2/2003/18)
and the opinions expressed during the debate on the issue at the fifty-fifth session of the
Sub-Commission. Also in resolution 2003/2, the Sub-Commission requested the Special
Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-sixth session,
a progress report at its fifty-seventh session and a final report at its fifty-eighth session.
16.
The Special Rapporteur endeavoured to establish in the working paper
(E/CN.4/Sub.2/2003/18), the preliminary report (E/CN.4/Sub.2/2004/23) and the first and
second progress reports (E/CN.4/Sub.2/2005/18 and A/HRC/11/CRP.1) that the enjoyment
of both sets of rights, be they economic, social and cultural, or civil and political, were
seriously undermined by the phenomenon of corruption. She pointed out in what respect
human rights were affected by corruption. The conclusions and recommendations of the
first progress report were endorsed by the Sub-Commission in its resolution 2005/16.
17.
As corruption manifests itself in many ways and occurs in a multitude of contexts, it
is nearly impossible to identify all of the human rights that can be violated by corruption.
To give some examples: if there is corruption in the education sector, the right to education
can be violated. If there is corruption in the judiciary, the right of access to courts and the
right to a fair trial can be violated. If there is corruption in the health sector or the social
welfare sector, the right to access to medical service or the right to food can be violated
(among others). Moreover, the principle of non-discrimination can be affected if a person
has to bribe someone in order to get favourable treatment or access to a public service. It is
difficult to find a human right that could not be violated by corruption.
18.
This view is supported by many of the responses to the questionnaire, by different
stakeholders. The responses make it clear that corruption has a negative impact on the
enjoyment of human rights. They mention a wide range of human rights that can be
violated by corruption. These include economic and social rights, such as the right to work,
the right to food, the right to housing, the right to health, the right to education, and the
right to public services; the right to development; the principle of non-discrimination; and
10
6
OHCHR, The Human Rights Case Against Corruption (Geneva, 2013), p. 4.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents