A/HRC/40/57
5.2
In keeping with the principle pro homine, the most protective human rights
standards (whether domestic or international) should guide States and creditors in
their economic reform policies.
Principle 6 – Indivisibility and interdependence of all human rights
Economic reform policies can negatively affect all human rights (civil, cultural,
economic, political and social). Therefore, States, and creditors when applicable,
should ensure that all measures are taken to respect, protect and fulfil all human
rights, especially in times of economic downturn.
Commentary
6.1
While concerns about the human rights impact of economic policy measures
are often focused on economic, social and cultural rights, it is crucial that States also
ensure that economic policies do not have a negative impact on civil and political
rights. For instance, budget cuts to public services, such as law enforcement, legal
aid, education, health services or social care, may result in a failure to guarantee the
civil rights to a fair trial, family life, non-discrimination, freedom from torture and
cruel, inhuman and degrading treatment, or even the right to life. The right of
political participation may also be undermined where economic reform policies are
adopted without the meaningful participation of the affected population. In practice,
the multidimensional nature of economic reform policies can jeopardize a wide
range of human rights. Even where a policy appears primarily to have a particular
impact on one right, it may set off a chain reaction in terms of others, owing to the
indivisibility and interdependence of human rights.
6.2
States may not claim a lack of resources as an excuse for failing to guarantee
human rights. For example, in the case of persons deprived of liberty, States parties
have the obligation to respect the bodily integrity of such persons, and they may not
invoke a lack of financial resources to absolve themselves of this obligation.9
6.3
It is of crucial importance to underline that certain economic measures − for
example, restrictive loan conditionalities or constraints imposed by trade agreements
privileging corporate interests − are clearly and directly linked to States’ abilities to
address phenomena that are manifest violations of multiple human rights, such as
pollution, prevalence of life-threatening diseases, widespread hunger and
malnutrition, extreme poverty and homelessness, among others.
Principle 7 – Equality and combating multiple and intersectional
discrimination
Economic reform policies and measures must not be discriminatory, and they
must endeavour to ensure equality and non-discrimination for all. For this purpose,
the directly and indirectly discriminatory impact of economic reform policies on the
most disenfranchised or marginalized individuals has to be assessed, and alternative
measures evaluated.
As part of the requirement to prevent economic reforms from having
discriminatory impacts, human rights impact assessments should seek to identify and
address the potential and cumulative impacts of measures on specific individuals and
groups and protect them from such impacts. In doing so, it should be borne in mind
that women are particularly exposed to multiple and intersectional discrimination.
Direct, indirect, multiple and intersectional discrimination − particularly for
disenfranchised or marginalized groups within society − needs to be carefully assessed
and prevented.
9
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 25.
7
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