A/HRC/28/73
understanding of how the cycle of corruption facilitates, perpetuates and institutionalizes
human rights violations.”22
30.
From a more substantive perspective, there are parallels between the main anticorruption principles (such as participation, transparency and access to information, and
accountability) and the scope of human rights (such as freedom of expression and freedom
of the media, access to information, and the principle of non-discrimination).23 Therefore,
strengthening the enjoyment of human rights in general, and of specific civil or political
rights and the principle of non-discrimination in particular, is a valuable instrument in
combating corruption. Whereas combating corruption through criminal law and private law
means taking repressive and remedial measures, the promotion and strengthening of human
rights is a preventative anti-corruption measure.
31.
The need to integrate preventative measures into efforts against corruption has been
clearly emphasized. Furthermore, promoting and strengthening human rights may — in the
long term — contribute to a well-informed and emancipated civil society that is more and
more able to reject corruption in all forms and circumstances. According to OHCHR: “An
efficient anti-corruption strategy must be informed by key human rights principles. An
independent judiciary, freedom of the press, freedom of expression, access to information,
transparency in the political system and accountability are essential both for successful anticorruption strategies and for the enjoyment of human rights.”24
32.
The linkage between anti-corruption measures and human rights can also promote
access to human rights mechanisms to combat corruption. A wide range of mechanisms
exists for monitoring compliance with human rights at the national, regional and
international levels. By drawing a link between acts of corruption and violations of human
rights, new opportunities for litigation or monitoring can be identified. 25 This approach is
fully in line with article 34 of the United Nations Convention against Corruption.
According to that provision, each State party must take measures to address the
consequences of corruption. If a violation of human rights can be determined as a
consequence of corruption, the State is obliged to ensure that appropriate measures are
undertaken.
33.
Combining strategies for fighting corruption and for promoting human rights can
bolster both objectives. On the one hand, human rights can form a part of an anti-corruption
strategy via the use of human rights mechanisms. On the other hand, fighting corruption is,
in itself, a way of preventing human rights violations. By promoting the necessary elements
of good governance (such as civil and political rights, transparency, and accountability),
human rights and anti-corruption efforts can be mutually reinforcing. 26 For example, the
ability to promote and protect civil and political rights rests upon the ability to effectively
combat political and judicial corruption (and vice versa). Transparency and access to
information empower individuals to make informed decisions — from exercising their
voting rights, to monitoring how State expenditures are spent. At the same time, creating
such openness limits opportunities for abuses by politicians, the police and judges.
Businesses are thus provided with incentives to minimize their involvement in corruption.
22
23
24
25
26
Seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, CAT/C/52/2, para. 76 et seq.
See art. 1 (c) of the United Nations Convention against Corruption.
The Human Rights Case Against Corruption, p. 5.
International Council on Human Rights Policy and Transparency International, eds., Integrating
Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities (2010),
p. 45 et seq.
The Human Rights Case Against Corruption, p. 5.
11
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