A/HRC/40/57
hope or intent of extracting more favourable settlements than for the rest of the
creditors and/or investors.26
VI. Human rights impact assessments
Principle 17 – Basis and purposes of a human rights impact assessment
States and creditors should carry out human rights impact assessments of
economic reform policies considered and taken in response to acute economic and
financial crises that are likely to cause adverse human rights impacts. States should
also carry out regular and periodic human rights impact assessments of short-,
medium- and long-term economic reform processes in less challenging economic
times. A human rights impact assessment of economic reform policies should:
(a)
Prompt investigation of and analyse the extent to which the proposed
measures, in combination with other economic measures and policies being or to be
implemented, could contribute to fulfilling the State’s human rights obligations or
potentially undermine them;
(b)
Serve to demonstrate how proposed measures, jointly with other
economic measures and policies being or to be implemented, could impact the human
rights of the whole population, particularly the individuals and groups most
disenfranchised or at risk;
(c)
Identify any prima facie retrogressive measure as well as alternative
economic policy options that could be the least restrictive of human rights and avoid
any impermissible retrogression;
(d)
Establish a (non-exhaustive) list of preventive and mitigating measures
to ensure conformity of the economic reform policies considered with the State’s
human rights obligations.
Commentary
17.1 An ex ante human rights impact assessment is a structured process to review
alternative policy options and analyse the impacts of proposed measures on human
rights.27 The process contributes to evidence-based policymaking by making human
rights impacts more visible on the basis of historical experience, and provides a
firmer basis for forecasting potential impacts and assessing the effects of proposed
prevention, mitigation and compensation measures.
17.2 Human rights impact assessments can provide empirical evidence to properly
assess the proportionality and legitimacy of economic measures from a human rights
perspective and ensure that women’s rights will be taken into account. Hence, all
States should prepare human rights impact assessments in order to determine
whether the economic reforms under consideration are consistent with their human
rights obligations. States’ decisions on economic policies should be consistent with
the outcome of human rights impact assessments. These assessments should be
widely published in accessible forms and discussed with affected people, and
include options discussed and agreed upon.
17.3 Considering ways to prevent or tackle an economic crisis includes, for
example, countercyclical measures, full or partial debt relief and medium- or longterm suspensions of the creditors’ payments, and tax policy reviews.
17.4 The analysis should include various policy options, including budget cuts,
new tax measures, monetary policies and other adjustment measures such as labour
26
27
See A/72/153 and Corr.1.
See Center for Economic and Social Rights, Assessing Austerity: Monitoring the Human Rights
Impacts of Fiscal Consolidation, briefing, February 2018.
17
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