A/HRC/43/45
26.
The situation is no different in the case of adequate access to public education.31 In
this regard, the Human Rights Council, in its resolution 41/16, noted the Abidjan principles
on the human rights obligations of States to provide public education and to regulate private
involvement in education, according to which States must take steps to ensure that no
individual is excluded from any public educational institution on the basis of the inability to
pay, and must take all effective measures to prevent the risk of overindebtedness for learners
and their families.
27.
The International Covenant on Economic, Social and Cultural Rights recognizes the
right of everyone to an adequate standard of living for himself and his family, including food
and housing, and to the continuous improvement of living conditions (art. 11.1). This article
should be read in conjunction with article 2.2 of the Covenant, providing for the exercise of
any right under the Covenant without discrimination of any kind. Moreover, in its general
comment No. 4, the Committee on Economic, Social and Cultural Rights defined seven
fundamental characteristics of the right to adequate housing that Governments must ensure.
28.
In addition to other serious human rights concerns with a potential impact on a range
of rights, including the right to life, liberty and security, several of the issues relating to debt
collection pose crucial questions with regard to access to justice, and to procedures and
mechanisms by which both public and private actors might claim debts. Article 26 of the
International Covenant on Civil and Political Rights is clear in providing for equality before
the law, without any discrimination, and to the equal protection of the law.
29.
The Guiding Principles on Business and Human Rights32 are relevant to the impact of
business activities on human rights, including banking and financial private lenders and other
private lending actors. According to the Guiding Principles, States have a duty to protect
against human rights abuses within their territory and/or jurisdiction by third parties,
including business enterprises. In turn, corporations must not violate human rights, while
States have a duty to take steps to prevent and to investigate, punish and redress abuses
through legislation, regulations, policies and adjudication. Furthermore, States have an
obligation to ensure access to effective remedial mechanisms for persons whose rights have
been violated by business activities within their territory.
IV. Typologies of private household indebtedness: cause and
consequence of human rights violations
30.
Household debt can both be caused by and result in human rights violations. Too
often, private lenders benefit from (and promote) this scheme, even at the expense of
borrowers’ human rights.
31.
Certain groups in vulnerable situations are more affected by abusive private lending.
In turn, people confronting cumulative and/or intersecting inequalities are usually exposed to
multiple forms of discrimination, which, in the field of private debt and human rights,
translate into mutually exacerbated negative human rights implications of different kinds of
debts.
A.
Microcredit and debt
32.
Widespread in many countries, microcredit was originally premised on the objective
of lifting people out of poverty by enabling financial inclusion and “economic
empowerment”, particularly in emerging and developing economies. A central target were
populations in rural areas, with women borrowers often being prioritized.33 Microcredit has,
31
32
33
8
International Covenant on Economic, Social and Cultural Rights, art.13.2 see also Committee on
Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education.
See A/HRC/17/31, annex.
Submission by the Committee for the Abolition of Third World Debt.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents