A/HRC/26/42
be affected by corruption; this point is highlighted in the OHCHR response to the
questionnaire.
14.
As States have different kinds of obligations resulting from their human rights
commitments, it is useful to classify the possible violations of human rights caused by
corruption according to the different obligations imposed on States:
(a)
Firstly, corruption can concern individuals (individual negative impact).
There is often a direct violation of the human rights of the individual who is affected by
corruption. Depending on the context in which corruption occurs, a wide range of different
human rights can be violated. Corruption frequently results in discriminatory access to
public services.8 The impact on an individual can also be the result of an indirect effect
from corruption. For example, if public authorities illegally allow the deforestation of land
in return for a bribe, then the right to food, the right to housing and the right to health of the
people living in the area concerned may be violated;
(b)
Secondly, corruption can concern specific, identifiable groups of individuals
(collective negative impact). This category includes the effects of corruption that not only
affect individuals but also impact upon groups of individuals. For example, corruption can
exclude the poor from access to goods and services offered by the administration, or from
access to justice. Or, coming back to the example mentioned above, illegal deforestation
may affect specific ethnic minorities living in the areas concerned. It can be concluded that
marginalized groups such as women, children, persons with disabilities, the elderly,
the poor or people belonging to ethnic minorities are particularly affected by corruption.
This is especially true in relation to access to public services and welfare, which is often of
tremendous importance for people belonging to disadvantaged groups. In its statement
made in November 2013, OHCHR cites the undermining of access to justice for
disadvantaged groups as an example of the negative impact of corruption on the enjoyment
of human rights.9 Sometimes, corruption is only one element of a human rights violation or
one factor aggravating an already existing human rights violation concerning specific
groups. For example, if the right to education for marginalized groups is already limited
due to discriminatory access requirements, the demand of an official to pay a bribe
aggravates the human rights violation. Another example is persons deprived of their liberty
who can be victims of corruption and at the same time of torture or other inhumane
treatment;
(c)
Thirdly, corruption can concern society at large (general negative impact).
This means that in addition to the effect that corruption has on individuals or groups, there
are also negative impacts upon society at large, whether this is in a national or an
international sense. There are two main aspects that are frequently mentioned in discussions
of the negative impact of corruption on human rights.10 The first aspect relates to the
financial and economic resources that are affected by corruption. Corrupt practices divert
funds from development and therefore imply a reallocation of funds that may interfere with
the effective enforcement of human rights, especially for vulnerable people. Corruption
reduces the resources available for the progressive realization of economic, social and
cultural rights (and therefore undermines States’ obligations under article 2 of the
International Covenant on Economic, Social and Cultural Rights). The aims of eradicating
poverty and providing for sustainable development, as general targets of human rights, are
8
9
10
6
See, for example, The Human Rights Case Against Corruption, p. 4.
See also International Council on Human Rights Policy and Transparency International, eds.,
Corruption and Human Rights: Making the Connection (2009), p. 32 et seq.
The Human Rights Case Against Corruption, p. 4.
These aspects are also discussed in the OHCHR response to the questionnaire.
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