A/HRC/30/49
resources, which are not available everywhere; this should be taken into consideration both
at the national and international level. It should be particularly emphasized that, whatever
powers that are conferred upon local authorities, they would not be effective if no financial
resources were available to carry them out.
23.
The principle of shared responsibility of different tiers of government for the
protection and promotion of human rights has been on several occasions underlined by the
United Nations human rights treaty bodies. Thus, in its General Comment No. 4 (the right
to adequate housing), the Committee on Economic, Social and Cultural Rights noted that
States parties to the International Covenant on Economic, Social and Cultural Rights should
take steps “to ensure coordination between ministries and regional and local authorities in
order to reconcile related policies (economics, agriculture, environment, energy, etc.) with
the obligations under article 11 of the Covenant”. 8
IV. Role of local government in the protection and promotion
of human rights
24.
The legislation of a number of States – in some cases, at the constitutional level –
explicitly requires local government to respect human rights (e.g. Australia, Côte d’Ivoire,
Morocco and Slovenia). In some other States, the respective constitutional requirement
applies to all public powers (e.g. Austria, Azerbaijan, Bosnia and Herzegovina, Germany,
Kenya, Lithuania, Malaysia, South Sudan, Spain and Togo). In Luxembourg, the powers of
the communes must be exercised in accordance with the law, which means that 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 promotion and protection of the rights of national minorities and ethnic groups. In
Slovenia, municipal administrations are required by law to take care of gender
mainstreaming. 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 for 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 the local justice system.
25.
Having an explicit legal provision which obliges local government to promote and
protect human rights appears to be a more preferable approach. Local authorities are thus
made aware of their human rights responsibilities, understanding that any failure to comply
with these 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.
26.
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
8
Committee on Economic, Social and Cultural Rights General Comment No. 4, the right to adequate
housing (art. 11 (1) of the Covenant), para. 12, adopted at the Sixth Session of the Committee on
Economic, Social and Cultural Rights, on 13 December 1991, available from
http://www.refworld.org/docid/47a7079a1.html.
7
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