A/HRC/45/28
the design and membership of such a grievance mechanism.40 Communities should always
feel comfortable when reaching out to accountability mechanisms in general.
B.
State responsiveness to the needs of the population
1.
Maximum use of available resources
41.
During the Human Rights Council intersessional seminar on the role of good
governance in the promotion and protection of human rights and best practices in the
implementation of the Sustainable Development Goals, the member of the Committee on
Economic, Social and Cultural Rights, who was on the panel, linked good governance to
the obligation of States parties under article 2 (1) of the Covenant to take steps, to the
maximum of their available resources, with a view to achieving progressively the full
realization of all economic, social and cultural rights (A/HRC/43/34, para. 23). This is an
overarching obligation under the Covenant, but States parties may find themselves in a
position where they are not able to comply with it owing to the retrogressive measures that
they are compelled to take, dictated by loan conditionalities imposed by international
financial institutions. These measures include privatization and deregulation, as well as
austerity measures, which require substantial reductions in public spending and/or tax
increases in an effort to control public sector debt and enable economic growth. As a result,
such measures can have – and indeed have had – a detrimental impact on the enjoyment of
a whole set of rights covered by the Covenant, including the right to work (article 6), the
right to just and favourable conditions of work (article 7), the right to social security (article
9), the right to an adequate standard of living, including the right to food and the right to
housing (article 11), the right to health (article 12) and the right to education (articles 13
and 14).
42.
As stressed by the Committee, among those disproportionately affected by austerity
measures in the form of job cuts, minimum-wage freezes and cutbacks in social assistance
benefits are low-income families and workers with the lowest qualifications. Similarly,
women bear a disproportionate cost when austerity measures affect childcare or family
support services (E/C.12/2016/1, para. 2). Other disadvantaged and marginalized groups
disproportionately affected include children, persons with disabilities, older persons, people
with HIV/AIDS, indigenous peoples, ethnic minorities, migrants, refugees and unemployed
persons (E/2013/82, para. 49).
43.
The adverse effects of austerity measures on the enjoyment of economic, social and
cultural rights have been well documented by human rights mechanisms and civil society.
For instance, 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, in his report to the General Assembly in
2019 on the responsibility for complicity of international financial institutions in human
rights violations in the context of retrogressive economic reforms, presented a series of
compelling examples highlighting how the conditions attached to loans by such institutions
have hindered the enjoyment of economic, social and cultural rights for the population,
including a number of disadvantaged and marginalized groups. The examples were taken
from some of the country visits undertaken by that Independent Expert, as well as the
doctrine and jurisprudence of United Nations treaty bodies (A/74/178, paras. 45–55).41 The
former Independent Expert on the promotion of a democratic and equitable international
order, in his 2017 report to the General Assembly on the impact of the conditionality of
loans from IMF on development and human rights, studied several country cases
(A/72/187, paras. 31–54). He called on IMF and the World Bank to embrace new so-called
40
41
Submission received from the Coalition for Human Rights in Development.
See also Isabel Ortiz and Matthew Cummins, Austerity: The New Normal – A Renewed Washington
Consensus 2010–24 (New York, Initiative for Policy Dialogue; Brussels, International Trade Union
Confederation; Ferney-Voltaire, Public Services International; Brussels, European Network on Debt
and Development; and London, Bretton Woods Project, 2019).
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