A/HRC/43/45
for all. The explosive increase in private debt is what has sustained aggregate demand
and economic growth over the past decades, often at the expense of indebted
households. Millions of people around the world transfer a significant part of their
wealth and well-being to the financial sector, whose links to the real economy continue
to erode, compromising shared prosperity and financial stability and security, and
reinforcing inequality.
83.
Private debt should not be contracted by individuals and households as a way to
compensate for the State’s obligations to protect, promote and fulfil human rights.
Personal or household financial and other costs associated with the repayment of debt
should be at such a level that the attainment and satisfaction of human rights are not
threatened or compromised. Contracting and repaying debt or defaulting on repayment
should not entail human rights violations.
84.
In the present report, the Independent Expert has explained that increasing
financial inclusion does not necessarily automatically result in real life improvements,
more enjoyment of human rights, more sustainable development or less inequality. It is
obvious that a number of States (and international financial institutions) support debtfinanced spending at the expense of the provision of public goods and services.
85.
It is not surprising that microfinance, being the global flagship of financial
inclusion to alleviate poverty, has been widely promoted by powerful global financial
stakeholders which, in turn, are not very enthusiastic about engaging in more structural
discussions on progressive taxation, tax fraud, care economy or other forms of
enhancing State revenues and regulation to improve social welfare programmes and
ensure access to a number of essential services.
86.
The Independent Expert has considered the negative implications for human
rights of microcredit, health-, education- and housing-related debt, abusive collection
practices, including the criminalization of debtors, consumer debt, migration-related
debt and debt bondage. Bearing in mind the reasons encouraging people to borrow
under these typologies, it can be concluded that private debt can be both a cause and a
consequence of human rights violations. This also explains why and how social unrest,
inequality and unbearable levels of individual debt are intrinsically intertwined.
87.
It is true that private debt is selectively coded by national regulations;99 however,
debt contracts exist in a broader legal and economic universe, in which human rights
law interacts with (and limits) the rights of creditors. Although generally perceived as
not dealing with human rights matters per se, financial consumer protection laws and
bankruptcy regulations have important roles to play in this regard. Such laws should
allow for the protection of individual facing overindebtedness or abusive lending and
collecting practices, with have a potential impact on human rights. Consumer and
bankruptcy frameworks should thus be envisaged as a mean to prevent possible abuses,
to safeguard the human rights of borrowers and to compensate for the inherent power
imbalance between the parties to a lending contract. Such an endeavour should include
– and even encourage – the possibility for financial consumers to organize and negotiate
collectively to compensate the power imbalance between lenders and borrowers.
VI. Recommendations
88.
The Independent Expert recommends that States:
(a)
Reduce wealth and income inequalities and eradicate poverty through
progressive taxation and transfers, and provide and progressively extend social
protection floors;
(b)
Regulate and monitor all lending activities, formal and informal, ensuring
that contractual terms, in particular interest rates and other non-interest charges,
99
18
See Katharina Pistor, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton
University Press, Princeton, 2019).
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