A/HRC/40/57
8.
The present guiding principles aim to identify and systematize existing human rights
obligations, and also provide commentary on their implications. They thus offer guidance
to States and other stakeholders to ensure respect and fulfilment of those obligations. The
guiding principles are based on all core international human rights instruments, in
particular, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the Convention on the Elimination of
All Forms of Discrimination against Women and the Convention on the Rights of Persons
with Disabilities, and their authoritative interpretation by the treaty body monitoring
mechanisms, as well as, where relevant, the contribution of special procedure mandate
holders. They complement and build upon relevant development-related commitments, in
particular the 2030 Agenda for Sustainable Development and the Declaration on the Right
to Development. Nothing in the principles should be read as limiting or undermining the
existing human rights obligations of States or other actors.
9.
The guiding principles also build upon relevant commitments, in particular those
referring to business and human rights,3 foreign debt and human rights,4 human rights
impact assessments of trade and investment agreements5 and extreme poverty and human
rights.6 All these principles should be considered and applied in coordination and
conjunction with one another.
I. Scope and purpose
Principle 1 – Scope and purpose of the guiding principles
The present principles provide guidance for economic policymaking, in
compliance with international human rights obligations to respect, protect and fulfil
all human rights. They apply whenever economic reform policies may foreseeably
result in impairment of human rights. These principles are likely to be most relevant
in the context of acute economic and financial crises (reactive function) but will also
be relevant in less challenging economic times in the course of the design and
implementation of short-, medium- and long-term economic reform policies
considered or/and implemented (preventive function).
Commentary
1.1
Some economic policies, such as fiscal consolidation, structural
adjustment/reforms, privatization,7 deregulation of financial and labour markets and
lowering environmental protection standards, can have adverse consequences on the
enjoyment of human rights.
1.2
The guiding principles should be applied to different economic situations in
which economic reform policies are considered and/or adopted. Such situations
notably include: (a) acute economic and financial crises (involving sudden or
gradual economic downturn and collapse of the values of public or private financial
assets), where the risk of adverse human rights impacts is heightened and in which
an urgent response is required; (b) medium-term economic reforms, where fiscal
consolidation may stretch into multi-year processes that go beyond the immediate
responses to and implications of economic and financial crises; and (c) longer-term
processes, such as the systematic review of public budgets and their distributional
assessments, cumulative and long-term effects of fiscal consolidation measures on
human rights, or the effects of labour market reforms.
3
4
5
6
7
4
A/HRC/17/31.
A/HRC/20/23 and Corr.1.
A/HRC/19/59/Add.5.
A/HRC/21/39.
See A/73/396.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents