A/HRC/40/57
Preamble
1.
In its resolutions 34/03 and 37/11, the Human Rights Council requested the
Independent Expert on the effects of foreign debt and other related international financial
obligations of States on the full enjoyment of all human rights, particularly economic,
social and cultural rights, Juan Pablo Bohoslavsky, to develop guiding principles for
assessing the human rights impact of economic reform policies, in consultation with States
and all other relevant stakeholders, for submission to the Council at its fortieth session. The
present guiding principles distil over two years of research and collective and participatory
work with a dedicated focus on the human rights impacts of economic reforms on the
human rights of millions of people around the globe and lessons learned over decades.1
2.
Obligations under human rights law should guide all efforts to design and implement
economic policies. The economy should serve the people, not vice versa.
3.
While economic reform policies that could negatively affect human rights are more
commonly found in the context of economic and financial crisis responses, these reforms
have also been observed in less challenging economic times. This is why it is crucial to
know to what extent human rights are effectively protected and respected both in times of
economic crisis and in other circumstances.
4.
Not all economic reform policy responding to economic crises is intrinsically against
human rights, and economic reforms that are carefully formulated based on human rights
can contribute to the betterment of human rights. In fact, responding to economic crises
often requires actions by the Government that are dictated by the urgency to protect
resources and assets that will, in the long term, serve to protect and fulfil human rights.
Above all, Governments must ensure that measures put in place serve to pursue economic
recovery for the benefit of the whole population, instead of only a few.
5.
The realization of human rights is often affected by resource scarcity; hence,
economic reform policies that affect availability of resources can negatively and deeply
affect all human rights. As human rights are indivisible and interdependent, international
human rights law needs to provide a consistent and comprehensive response to those
economic reform policies.
6.
Contractual obligations do not occur in a vacuum. Both the relationships between
creditor and borrowing States and the relationship between States and their populations fall
under the framework defined by international human rights law. 2 A human rights impact
assessment is a structured process for identifying, understanding, assessing and addressing
the potential or actual adverse effects of economic reform policies and serves to ensure that
such policies are consistent with international human rights law. As they entail broad
participation, transparency and accountability, human rights impact assessments also help
democratize resource mobilization and spending policies.
7.
More specifically, a human rights impact assessment, on the one hand, can support
Governments, international financial institutions and private creditors by providing a clear
and specific framework and process for assessing whether certain economic reform policies
are consistent with international human rights law. On the other hand, it is an essential
review and accountability procedure for the design, monitoring and implementation of
economic reform policies. It contributes to evidence-based and transparent policymaking as
it provides an analytical basis for evaluating potential human rights impacts when choosing
among policy options. Using human rights impact assessments helps identify the
institutional changes required to prevent adverse human rights impacts of economic reforms
in the short/long term. This is why States should strengthen their capacity to conduct such
assessments.
1
2
For more information and details of all these meetings and activities, see
www.ohchr.org/EN/Issues/Development/IEDebt/Pages/DebtAndimpactassessments.aspx. The
Independent Expert wishes to express his appreciation for all contributions to this process.
See A/70/275.
3
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