A/HRC/40/57
options, and prior to the conclusion of agreements on programmes with creditors in
time to influence the outcomes of negotiations. They should serve to look back and
evaluate the short-term measures already taken and to propose adjustments as well
as to provide evidence for medium- to longer-term planning going forward.
18.2 In the context of an acute financial or economic crisis in which the
Government is forced to make decisions under extreme time pressures, it may not be
possible for the State to carry out a thorough human rights impact assessment before
deciding on its response to the crisis. In these situations, the Government is obliged
to complete and publish a human rights impact assessment to the extent possible
under the circumstances before taking any policy decisions or actions. The
Government should also (a) publicly explain why it is unable to do a full ex ante
impact assessment; (b) undertake a fully compliant ex post human rights impact
assessment as soon as conditions allow; and (c) take steps to remedy all adverse
human rights impacts identified in either impact assessment as promptly as possible.
18.3 For mid- to longer-term reforms, a human rights impact assessment can help
States and international financial institutions to create capacities for adaptation to
necessary changes in the economy, so as to better address the next economic and
financial crisis and to ensure a robust sense of social inclusion. This is particularly
worthwhile for women in situations where they are usually excluded from decisionmaking. Thorough and well-documented scrutiny will also contribute to evidencebased decision-making by the same or other States in future crises.
18.4 Throughout the policy cycles, economic reform programmes should be
evaluated in accordance with whether they have ensured a fair and equitable
distribution of social adjustment burdens, and not only whether they have reduced
budget deficits and restored debt sustainability or economic growth. Such
evaluations should assess the extent to which reform programmes have protected
human rights, in particular those of the groups in situations of vulnerability or at risk
of greater impacts, and identify gaps to be addressed.
18.5 Human rights impact assessments should not be limited to considering
potential or actual adverse human rights impacts, but should also be used to identify
steps to advance the enjoyment of human rights and opportunities for duty bearers to
further the realization of human rights within the implementation of economic
reforms.
18.6 Capacity-building in conducting human rights assessments is of crucial
importance as it would make the exercise less time-consuming, more predictable,
less costly, and help assessments to become increasingly accurate and
comprehensive. Governments should build the systems to ensure that necessary data
and information are produced and published and closely work with members of civil
society during “good times” so that they are equipped to participate promptly in
human rights impact assessments when necessary, whether on a regular or
extraordinary basis.
Principle 19 – Participation
The right to participate should be embedded in the process of conducting
human rights impact assessments. It should also be central in the consideration of
policy options, in the outcome document(s) (publication and reporting of information
and the assessment), in the implementation of policy responses and in the monitoring
of the impact of such responses.
Commentary
19.1 In formulating measures requiring human rights impact assessments, States
and international financial institutions must allow for and seek the broadest possible
national dialogue, with the effective, timely and meaningful participation of all
individuals and groups, including marginalized groups and those particularly at risk
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