A/HRC/11/32
page 7
participation.6 They reiterated that those in positions of responsibility need to meet and talk with
poor women and men, in order to gain their trust and involve them in finding solutions. An
added value of guiding principles then is the sense of personal dignity that comes from being
acknowledged.
12. There was a strong sense from respondents, such as the Governments of France,
Switzerland and Turkey and the independent expert on the effects of foreign debt and other
related international financial obligations of States on the full enjoyment of human rights,
particularly economic, social and cultural rights,7 that the objective should not be to create new
human rights standards, but rather that it should be to reflect existing human rights norms as
applied to extreme poverty. Virtually all respondents emphasized the need to ensure that the
guiding principles are written in a manner that conforms with the agreed language, terms and
principles found in international human rights instruments and developed through jurisprudence
(e.g., general comments).
13. The Special Rapporteur on the right to health and several other respondents commented on
the excessive references made to penal law,8 and questionable use of criminal law language in
some cases, which might deter people from taking action to ensure the progressive realization of
social and economic rights.
14. In his presentation at the seminar, the independent expert on foreign debt noted that the
draft guiding principles should make it clear that the guiding principles are not to be interpreted
as limiting, altering or otherwise prejudicing the rights recognized under international human
rights law. The Centre on Housing Rights and Evictions urged that every care should be taken to
ensure that the draft guiding principles do not inadvertently set a lower standard than is
established elsewhere.
15. A number of respondents suggested that the structure of the draft guiding principles could
be improved. The structure should pay greater attention to some well-established principles in
international human rights law of central relevance here, such as the prioritization of the most
vulnerable groups, progressive realization, minimum core obligations,9 the principles of
maximum available resources and of non-retrogression and the principles already reflected in the
draft guiding principles.
6
This consultation was organized by International Movement ATD Fourth World. Its report
provides that the views were solicited of people living in extreme poverty in France, Peru,
Poland, Senegal, Switzerland and Thailand.
7
Hereinafter to be referred to as “independent expert on foreign debt”.
8
South African Human Rights Commission, Zdzislaw Kedzia, Wouter Vandenhole and
Joseph Ingram.
9
Edward Anderson, David Gordon, Joseph Ingram and Wouter Vandenhole.
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