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.

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