A/HRC/40/57 market deregulation, that are likely to affect the population, in particular those members of the population who would be expected to suffer or have suffered a unique or cumulative impact of the measures and the groups in the most vulnerable situations. It should use a variety of quantitative and qualitative tools and methods, including participatory ones, and carefully compare the human rights impact of different scenarios including budget cuts, tax increases and measures against tax evasion and avoidance, and a review of tax expenditures. 17.5 An analysis that looks at the potential (and cumulative) distribution of impacts is necessary to ensure that the most vulnerable are not disproportionally affected by the crisis due to specific contextual and/or global conditions and that, on the contrary, they are protected from impacts, to the maximum of the available resources from the State and international community. 17.6 Taking measures during times of economic crisis requires a State to balance competing priorities and make appropriate trade-offs under conditions of potentially severe financial, political and time pressure. A human rights impact assessment can help States to justify hard choices if they are aligned with the normative guidance of human rights and aim to avoid discriminatory measures and minimize disproportionate impacts across the population. 17.7 The process should also include the design of economic policy responses that prevent, mitigate or provide redress (including but not limited to compensation) for impacts that cannot be avoided, taking a comprehensive view of all measures taken to respond to a crisis. Responses to a crisis may involve a range of measures that cumulatively and collectively affect the whole population. Policy responses should indeed protect all human rights of all people, and in particular those of the most vulnerable. 17.8 Human rights impact assessments of economic reforms shall incorporate complementary tools designed for and implemented in related areas. A human rights impact assessment, if carried out properly, can incorporate regulatory, environmental and social impact assessments and should contain a human rightsbased budget analysis. For example, when a human rights impact assessment pursuant to the present guiding principles is conducted, the fiscal and economic sustainability of trade and/or investment agreements must be incorporated. In particular, since compliance with the obligations imposed under trade and/or investment agreements typically is ensured by the threat of economic sanctions or reparations authorized or awarded by an agreement-specific dispute settlement mechanism or international arbitral tribunal, attention must be given to the impact that such enforcement obligations, including the potential cumulative impact of such obligations, may have on public budgets.28 Principle 18 – Ex ante and ex post assessments Human rights impact assessments should form a regular part of decisionmaking processes with respect to economic reform policies or loan conditionality, and should be carried out at regular intervals. They should be carried out both ex ante − to assess the foreseeable impacts of proposed policy changes − and ex post − that is, looking back to assess the actual impacts of policy change and implementation, in order to address such impacts. Commentary 18.1 Human rights impact assessments should be a regular element of economic reform policies. They should be incorporated in the policy continuum, from design to monitoring to implementation. They should be started as early as possible in the policymaking process so that they can influence the choice of alternative policy 28 18 A/HRC/19/59/Add.5, appendix, para. 1.3.

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