A/HRC/40/57
20.3 The validity and credibility of the data collected need to be assessed in the
light of clearly articulated and transparent standards that reflect the principles of
non-discrimination, equality, inclusion and participation. In order to ensure
compliance with the human rights requirement of non-discrimination and that due
attention is paid to the situation of groups at risk of marginalization or vulnerability,
it is essential that the indicators used provide information disaggregated by gender,
disability, age group, region, ethnicity, income segment and any other grounds
considered relevant, based on a contextual, country-level identification of groups at
risk of marginalization.29
20.4 There are a number of methods for quantitative analysis. Well-developed
approaches to modelling distributional impacts using income quintiles and deciles
can be used. In order to ensure compliance with the human rights requirement of
non-discrimination and that due attention is paid to the situation of groups at risk of
marginalization or vulnerability, it is essential that those indicators provide
information disaggregated in line with what is indicated in the previous paragraph.
These human rights impact assessment standards need to be adaptable to potentially
different levels of data availability and overall capacity to carry out a human rights
impact assessment so that the tool can be used in a wider range of circumstances.
20.5 The 2030 Agenda for Sustainable Development includes a large number of
indicators. Reliable and disaggregated data are needed to strengthen modelling, or at
least to inform a more detailed analysis. While the indicators of the Sustainable
Development Goals may not necessarily be rights based and the resulting data may
not provide a comprehensive overview of all aspects of human rights, such datacollection processes could serve as a source of useful complementary information to
those working in a human rights impact assessment context. However, the validity
of data reported through the Sustainable Development Goals process should be
carefully examined before using the data as a basis for decisions and economic
policies.
20.6 In terms of qualitative data, targeted studies, surveys, testimonies and
consideration of other types of analysis are paramount, including, when available, on
administrative complaints, case law and jurisprudence on individual and collective
cases, as they also offer a glimpse of the type of violations, trends and limitations
encountered when accessing assistance, reparation and justice. Even in contexts
where disaggregated data are readily available, they should always be triangulated
with qualitative data on discriminatory situations.
20.7 Qualitative analyses need to ensure that contingencies in the use of
quantitative models are recognized and, if possible, avoided. Such contingencies
might stem from reliance on historical data, the choice of variables, etc.
20.8 International cooperation can be particularly relevant in this regard for
countries with limited resources for data collection.
20.9 Transparency and wide dissemination of information are also critical when
carrying out the impact assessment, including by publishing the findings in their
entirety and reporting on the assessment, its conclusions and recommendations.
Principle 21 – Access to justice, accountability and remedies
States must ensure that access to justice and the right to an effective remedy
are guaranteed, through judicial, quasi-judicial, administrative and political
mechanisms, with regard to actions and omissions in the design and/or
implementation of economic reform policies that may undermine human rights. States
should ensure that the population is fully informed about the procedures, mechanisms
29
For guidance, see, e.g., Organization of American States, Progress Indicators for Measuring Rights
Under the Protocol of San Salvador, 2015; and Office of the United Nations High Commissioner for
Human Rights, Human Rights Indicators: A Guide to Measurement and Implementation, 2012.
21
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