A/HRC/43/45
particular those in a situation of marginalization or vulnerability. The Universal Declaration
of Human Rights enshrines rights of particular relevance for an analysis of overindebtedness
and abusive lending and collection practices, in particular the rights to life, liberty and
security, to freedom of movement, to social security, to just remuneration, to an adequate
standard of living, including food, housing, education, clothing and medical care and
necessary social services, and the right to security. The rights to have access to information
and to political and public participation are also of specific significance in this context.
21.
All the above-mentioned rights have been provided for in several biding instruments
at the international level, notably the International Covenant on Economic, Social and
Cultural Rights and the International Covenant on Civil and Political Rights. With regard to
specific population groups, several instruments have also been negotiated and ratified,
ensuring that there is a clear understanding of one of the pillars of human rights: nondiscrimination.
22.
The principles of equality and non-discrimination lie at the heart of international
human rights law. Understanding the implications of household indebtedness on the
enjoyment of rights, such as to health, education, housing or access to water and electricity,
inevitably leads to a detailed assessment of what the enjoyment of various human rights
require from a financial perspective. Individuals or households trapped in the spiral of debt
and economic vulnerability have to confront formidable economic forces or actors, high
degrees of inequality, low levels of accountability, increasing services financialization and
limited access to mechanisms of justice or redress.
23.
Frequently, individuals or groups of individuals face discrimination owing to their
economic and social situation, which can be direct or indirect, or compounded by other forms
of discrimination. This arbitrary treatment is given on account of their belonging to a certain
economic or social group or strata within society in relation to their debt situation 27 and may
be stigmatized, marginalized or criminalized because of their debt or debt in their
household.28
24.
To some extent, the very low levels of social protection and public expenditure in this
area, 29 and the progressive weakening of remuneration systems for workers in formal
employment are to a great extent the reason why millions of people seek recourse to credit in
order to secure essential services, and are caught in a never-ending circle. In its general
comment No. 19, the Committee on Economic, Social and Cultural Rights referred to the
“redistributive character” of social security, which plays an important role in poverty
reduction and promoting social inclusion. Closely linked, the right to work encompasses the
right to a remuneration that provides all workers with a decent living for themselves and their
families. As explained by the Committee in its general comment No. 23, remuneration must
be sufficient to enable the worker and his or her family to enjoy other rights in the Covenant.
25.
Affordability, accessibility and quality are essential elements for the definition of the
rights to housing, health and education. 30 Conversely, lack of access to health services,
facilities and goods is most often defined by economic limitations on the one hand (low
wages, poverty, high living costs, inflation) and high costs of medicines, hospitals or medical
attention on the other.
27
28
29
30
Unlike collateral, the amount paid for the risk-premium (mostly determined by the availability and
quality of collateral) is not returned once the debt has been paid. This practice constitutes a different
price for the same product and therefore discrimination based on property; see Oliver Pahnecke,
“Interest Rates, Risk Premiums and Human Rights”, 2019 (available from the OHCHR secretariat).
Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to
sexual and reproductive health (article 12 of the International Covenant on Economic, Social and
Cultural Rights), para. 35.
According to the International Labour Organization (ILO), only 29 per cent of the global population is
covered by comprehensive social security (full range of benefits, from child and family benefits to oldage pensions), while the remaining 71 per cent are either partially protected or not at all; see ILO, World
Social Protection Report 2017-2019.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 12 (b) (iii).
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents