A/HRC/30/49
authorities take decisions relating in particular to education, housing, health, the
environment, and law and order, which are directly connected with the implementation of
human rights and which may enforce or weaken the possibilities of its inhabitants to enjoy
their human rights. Furthermore, local government is always facing the risk of
discriminatory practices against perceived outsiders, such as immigrants or ethnic
minorities, to the local community. In the area of housing, for example, “scapegoating,
stigmatization and discrimination against homeless people” are often more pronounced at
the local level. Integrating a human rights dimension in all local government initiatives is
vital for addressing these violations. Actually, it is difficult to imagine a situation of human
rights being realized where there are no local authorities to provide the necessary services.
Local officials are thus responsible for a wide range of human rights issues in their day-today work. However, this work is rarely perceived as human rights implementation, neither
by the authorities, nor by the public. Consequently, human rights remain distant as a frame
of reference or analysis in most policies and practices at the local level, while they may
actually be human rights in practice.9 In this regard, it should be borne in mind that the real
effect of human rights is experienced locally.
27.
Human rights duties of local government follow the classical tripartite typology of
States’ human rights obligations, namely, the duty to respect, the duty to protect and the
duty to fulfil. The duty to respect means that local officials must not violate human rights
through their own actions. It requires local government to refrain from interfering with the
enjoyment of the rights and freedoms of all persons within its jurisdiction. For example, in
relation to the freedom of religion, local government may not prohibit religious
communities, beyond the permissible limitations, from using public squares or municipal
buildings for religious celebrations. Regarding the right to health, local government may
not deprive certain communities or groups of access to health care facilities. The duty to
protect requires measures to ensure that third parties do not violate the rights and freedoms
of the individual. For example, local authorities are required to take action to ensure that
children are not prevented by others from attending school. The duty to protect can
necessitate creating safer urban environments that reduce the risk of violence, for example
against women. The duty to fulfil means that local government must take positive action to
facilitate the enjoyment of the rights and freedoms. For example, local authorities are
obliged to fulfil the right to education by sustaining a good educational system. To comply
with the duty to fulfil the right of individuals not to be discriminated against, local human
rights mechanisms such as ombudspersons or specialized anti-discrimination agencies can
be established.
28.
Further, local authorities should promote the understanding of and respect for human
rights of all individuals within their jurisdiction through education and training. In
particular, local authorities should organize, on a systematic basis, human rights training for
their elected representatives and administrative staff, and the dissemination of relevant
information among citizens about their rights. By promoting human rights, local authorities
can help build a culture of human rights in the community.
29.
Local authorities should pay particular attention to the promotion and protection of
rights of vulnerable and disadvantaged groups such as persons with disabilities, ethnic
minorities, indigenous communities, victims of sexual discrimination, children and elderly
9
8
Congress of Local and Regional Authorities (Council of Europe), Strasbourg, 25–27 March 2014,
26th session, CG(26)5FINAL, “Best practices of implementation of human rights at local and
regional level in member states of the Council of Europe and other countries” (Rapporteur: O. Molin),
Resolution 365 (2014), Explanatory Memorandum, paras. 8, 14, available from
http://www.coe.int/t/congress/texts/RESOLUTIONS_en.asp?mytabsmenu=6.
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