A/HRC/27/59
they are obliged to observe human rights guaranteed by the law. In some countries, the duty
of local government to observe human rights is limited in the law to specific rights or
principles. For instance, the Local Self-Government Act of Serbia stipulates that
municipalities must ensure the promotion and protection of the rights of national minorities
and ethnic groups. In Ireland, the local government legislation does not specifically provide
for the promotion and protection of human rights, but in discharging their functions local
authorities are required to have regard to the need to promote social inclusion. Similarly,
the legislation on local governments in India does not specifically mention protection of
human rights among their responsibilities; however, the constitutionally mandated
municipal functions directly relate to core human rights, such as implementation of
initiatives for democratic inclusion, welfare measures and local justice system.
31.
Having an explicit legal provision which obliges local government to protect and
promote human rights appears to be a preferable approach. Local authorities are thus made
aware of their human rights responsibilities, understanding that any failure to comply with
those responsibilities will entail their liability under national law as well as international
responsibility of the State as a whole. Further, such a provision imposes a clear obligation
on local authorities to apply a human rights-based approach to delivering public services
within their defined competences. Consequently, it may well encourage rights holders to
claim their rights vis-à-vis local authorities.
32.
Local authorities are close to citizens’ everyday needs and they deal with human
right issues on an everyday basis. Therefore there exists a clear and strong connection
between human rights and local government. When performing their functions, local
authorities take decisions relating in particular to education, housing, health, the
environment and law and order, which are directly connected with the implementation of
human rights and which may enforce or weaken the possibilities of its inhabitants to enjoy
their human rights. Actually, it is difficult to imagine a situation of human rights being
realized where there are no local authorities to provide the necessary services. Local
officials are thus responsible for a wide range of human rights issues in their day-to-day
work. However, that work is rarely perceived as human rights implementation, either by the
authorities, or by the public. Consequently, human rights remain distant as a frame of
reference or analysis in most policies and practices at the local level, while they may
actually be human rights in practice.21 In that regard, it should be borne in mind that the real
effect of human rights is experienced locally.
33.
Human rights duties of local government may be classified in three main categories:
the duty to respect, the duty to protect and the duty to fulfil. The duty to respect means that
local officials must not violate human rights through their own actions. It requires local
government to refrain from interfering with the enjoyment of the rights and freedoms of all
persons within its jurisdiction. For example, in relation to the freedom of religion, local
government may not prohibit religious communities, beyond the permissible limitations,
from using public squares or municipal buildings for religious celebrations. Regarding the
right to health, local government may not deprive certain communities or groups of access
to health-care facilities. The duty to protect requires measures to ensure that third parties do
not violate the rights and freedoms of the individual. For example, local authorities are
required to take action to ensure that children are not prevented by others from attending
school. The duty to protect can necessitate creating safer urban environments that reduce
21
See Council of Europe, Congress of Local and Regional Authorities, Strasbourg, 25–27 March 2014,
twenty-sixth session, document CG(26)5FINAL, “Best practices of implementation of human rights
at local and regional level in member states of the Council of Europe and other countries (Rapporteur:
O. Molin), Resolution 365 (2014), Explanatory Memorandum”, paras. 8 and 14. Available from
www.coe.int/t/congress/texts/RESOLUTIONS_en.asp?mytabsmenu=6.
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