A/HRC/43/45
widespread financial crises. 22 Regressive taxation and sluggish economic growth may
diminish public revenue and lead to more reliance on external borrowing, which may
eventually degenerate into a sovereign debt crisis. Empirical studies demonstrate that there
is indeed a positive correlation between income inequality, fiscal deficit and sovereign debt.23
15.
In turn, a rise in the income of the richest will also increase their savings, leading to a
huge accumulation of private wealth. This increasing supply of capital requires more
investment opportunities and consequently boosts the credit supply, even for riskier
borrowers.24
16.
It should be recalled that accurate and comprehensive global, regional or sometimes
domestic data about household private debt are not entirely available. The IMF Global Debt
Database25 is an important tool in this regard, offering a combination of available sources and
information; it also shows, however, that data on private household debt are not yet available
for many countries and/or for long and comparable periods. Many cases of informal (or even
illegal) lending/borrowing at the individual and household levels are not registered,
accounted for or adequately estimated. In certain countries the weight of the informal
economy is huge, and a large part of private household debt is likely to be kept out of
financial, banking and non-banking systems. Another part of household debt can be
intertwined within larger estimates of illicit financial flows, such as all debt owed to migrant
smugglers and transit debts owed to corrupt authorities at the border. Therefore, a purely
quantitative approach to private debt and human rights would be highly unsatisfactory in
contexts such as these. To be fair, such an approach remains largely out of reach without
adequate data collection and analysis, and would offer only a partial insight into the
complexities of individual and household debt from a human rights perspective.
III. Household debt and human rights standards
17.
The explosion of private household debt in many countries is the direct result of two
parallel phenomena: of the State failing to abide by its human rights obligations, in particular
in the field of economic, social and cultural rights, and social services being increasingly
“financialized” or reduced to commodities.
18.
The human rights framework is fundamentally based on the notion that States (and to
some extent private actors) have obligations to respect, protect and fulfil human rights,
ensuring equality and combating discrimination. All human beings are equal in dignity and
rights is the flagship provision of the Universal Declaration of Human Rights.
19.
Financialization can in practice work as the antithesis of such a framework, as it rests
on the idea of the individual’s responsibility to take appropriate steps to ensure an adequate
standard of living and access to essential goods and services for themselves. Greater access
to credit for all, understood as “financial inclusion”, is increasingly seen as a solutions to
many human rights problems – whether to start a business to earn a living, to obtain
appropriate health care or to have access to employment opportunities. In the 1990s,
Muhammad Yunus, who pioneered the concept of microcredit, even argued that access to
credit was a “basic human right for all”, 26 although no serious effort to explain its legal
sources was made. Financialization highlights the power of financial markets and the notion
of self-management in improving one’s own living conditions, obfuscating States’
obligations to take appropriate steps to progressively realize economic, social and cultural
rights.
20.
Debt is not per se a human rights problem, even less a violation. What raises concerns
is when indebtedness is either caused by or causes human rights violations, affecting in
22
23
24
25
26
6
UNCTAD, Trade and Development Report 2017, p. 110.
See A/HRC/31/60.
Photis Lysandrou, “Global Inequality, Wealth Concentration and the Subprime Crisis: a Marxian
Commodity Theory Analysis”, Development and Change, vol. 42, No. 1 (2011), p. 183.
www.imf.org/external/datamapper/datasets/GDD.
See John Gershman and Jonathan Morduch, “Credit is not a right”, Microfinance, Rights and Global
Justice (Cambridge University Press, Cambridge, 2015), p. 14.
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