A/HRC/40/57
and remedies available to them and that these mechanisms are physically and
financially accessible to all.
Commentary
21.1 The right to an effective remedy includes reparations and guarantees of
non-repetition. An independent, well-financed and proactive judicial branch is
essential to both preventing economic reforms from harming human rights and to
providing effective remedies should harm occur. A human rights impact assessment
can serve to ensure that accountability procedures exist and mechanisms are in place
by requiring clearly articulated and justified policy choices that have been developed
through inclusive participation of the potentially affected population.
21.2 Engaging in an inclusive and accountable decision-making process
strengthens the legitimacy and ownership of the choices made. Furthermore, it is
likely to reduce social conflict, which can undermine democratic institutions and the
rule of law. A functioning system of national, regional and international human
rights accountability mechanisms, including independent and empowered national
human rights institutions, is critical to this aim. States should take all measures to
implement the recommendations of national, regional and international human rights
bodies.
21.3 Measures covered by the present guiding principles should be agreed at all
governmental levels, paying special attention to the ways in which burdens are
distributed over and financial resources allocated to local authorities, which are
often the main providers of social services to the population. These measures should
also be open to oversight, including judicial scrutiny of applicable law, and public
officials involved in the design and adoption of such measures should be
accountable for any policy decisions that endanger the enjoyment of human rights.
21.4 Since corruption can play a role in the design, implementation and
monitoring of economic reform policies, clear measures and mechanisms to prevent
and combat corruption must be put in place with a view to ensuring accountability.
Principle 22 – Who should conduct the assessment(s)
Human rights impact assessments of economic reform policies should be
independent, robust, credible and gender responsive. In this regard, each country
should decide which institution(s) is/are best suited to be in charge of carrying out this
exercise, based on applicable criteria.
Commentary
22.1 The present guiding principles are flexible enough to be adjusted to the
particular needs of government departments, advisory bodies, parliamentary
committees, national human rights institutions, courts, international financial
institutions, private creditors, international human rights mechanisms, academic
institutions or civil society organizations.
22.2 The appropriateness of the institution or team conducting the impact
assessment should be measured against pre-established criteria, which should
include, as a minimum, the following aspects: its independence from the executive
branch and any creditor/creditor-aligned institution; appropriate expertise; adequate
funding;30 diversity of members of the team or body in charge of carrying out the
assessment and, notably, gender parity; engagement of affected communities; and
credibility and legitimacy in the eyes of different stakeholder groups such as
government agencies, international actors and civil society.
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22
See A/HRC/19/59/Add.5.
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