A/HRC/40/57
and expenditure variations should be evaluated in terms of the associated outcomes
for economic growth, human rights and long-term debt sustainability.
11.3 Decisions on fiscal policy should not result in expenditure cuts that curtail the
guarantee of rights, mainly in sectors such as education, health and social insurance
− particularly important for women, children and persons with disabilities − or in
deepening social or economic inequality and poverty through indirect and regressive
taxes, such as value added tax.
11.4 Direct and progressive taxes should be prioritized. Tax policy should
promote the redistribution of wealth to overcome the disadvantaged situation of the
population in situations of social vulnerability (the poor, minorities and women,
among others) and other priority care groups, notably older adults, children and
persons with disabilities.
11.5 Tax reform measures include, for example, taxing higher-income categories
and wealth more strongly; taxing certain financial transactions; shoring up the tax
base; and enhancing tax collection, the efficiency of the tax administration and the
fight against tax evasion and avoidance. International, binational or regional
regulation is crucial for efficiency in combating evasion, avoidance, tax fraud and
illicit financial flows. All States should support global norms and agreements to
prevent international tax avoidance and evasion. In this regard, it is necessary that
Automatic Exchange of Financial Account Information agreements be effective in
order to acknowledge the final beneficiary of a transaction and establish
responsibilities in cases of loss of useful resources needed to guarantee rights. Full
participation and access to such information to all countries should be ensured.17
11.6 Decision-making processes around tax and fiscal policies need to be open to
genuine public debate informed by processes of inclusive, broad, transparent and
deliberative social dialogue, which should include a wide range of economic theory
and evidence, expressed in language accessible to the public. These provisions also
apply to tax exemptions (including tax exclusions, deductions, credits, concessions,
preferential rates or deferral of tax liabilities), which reduce the public revenues that
can be accrued from taxes.
11.7 Central banks are State institutions and, as such, they are obliged to comply
with international human rights law and standards. Inflation and employment
targets, among other targets, need to be in line with the State’s human rights
obligations in order to avoid any impermissible retrogressive measures.
11.8 Authorities that coordinate massive responses that stabilize the financial
sector as well as those which opt for doing little to address a sovereign debt crisis
need to demonstrate if and to what extent their strategies would help protect and
respect human rights.
11.9 Accumulation of foreign reserves and restrictions on short-term capital
inflows and outflows can often be considered effective monetary policies. However,
massive accumulation of foreign reserves beyond those recommended in the rules of
international financial institutions, leading to large unutilized amounts of reserves
accumulated in central banks, should be balanced against the immediate needs of the
State, especially from a social investment and human rights perspective. On the
other hand, limiting speculative financial movements may open up space to pursue
policies to facilitate the realization of human rights.
11.10 States should have a transparent and democratically discussed bailout and
interest rate formation regime established by law. States should use a mix of tools to
ensure appropriate global and domestic financial market regulation with the aim of
curbing excessive credit growth. This mix should include measures of prudential
regulation, debt sustainability analysis and capital controls. 18
17
18
12
See A/HRC/31/61.
See A/HRC/31/60.
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