A/HRC/40/57
outlined in the guiding principles regarding timely collection, sharing and discussion
of relevant information, that their chosen response will not lead to human rights
violations or abuses, or impermissible retrogression in human rights.
3.2
While human rights impact assessments should take account of the evidence
and experience of civil society and experts, it is ultimately the State’s responsibility
to prove that its policies do not violate human rights. This requirement of proof
means that States should approach the process of generating, publishing and
subsequently updating impact assessments with openness to the available evidence
and expertise.
Principle 4 – Obligations of local and subnational governments
Economic and financial crises should not be used to justify a reduction of the
policy and fiscal space necessary at local and subnational government levels to ensure
the protection of human rights. In turn, although all levels of government have human
rights obligations, the central Government can in no circumstances circumvent its
responsibilities for the human rights impacts of its policies by delegating economic
reform-related powers or functions to local governments.
Commentary
4.1
Effective implementation of human rights cannot be achieved without the
proactive involvement of local and subnational governments. International human
rights law is binding on all levels of government, and is of particular relevance when
taking into account the growing global phenomenon of decentralization in recent
decades. Economic reforms at the central level should also take into account
responsibilities assigned or delegated to local and subnational governments within
the domestic spheres.
4.2
Decentralization is not always favourable to the implementation of human
rights law, and it can be especially burdensome if it is not combined with sufficient
resources or policy space (both internal and by facilitating community participation)
for the implementation of human rights. Recognition of multilevel governance in
areas such as revenue collection, tax policy, labour reforms and solidarity across
regions is crucial. The national Government remains responsible for ensuring that
appropriate cross-government coordination mechanisms and processes exist and that
subnational governments are given the necessary resources to fulfil their human
rights obligations.
4.3
When carrying out economic reforms independently, local and subnational
governments have the same obligations as States with regard to carrying out human
rights impact assessments.
III. Applicable human rights standards
Principle 5 – Human rights standards and pertinent law
In taking economic action or choosing the path of inaction, States and creditors
must be guided by existing international human rights law relating to civil, cultural,
economic, political and social rights.
Commentary
5.1
This includes core international human rights treaties, as well as their
authoritative interpretation in general comments, statements, open letters, decisions,
concluding observations and recommendations issued by treaty monitoring bodies. It
also includes other interpretative tools, guiding principles and recommendations
developed by global and regional human rights mechanisms.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents