A/HRC/40/57
II. Obligations of States
Principle 2 – Obligations of States with respect to economic policies and
human rights
States are obliged to manage their fiscal affairs and to adopt economic policies
to ensure that they respect, protect and fulfil all human rights. Economic choices
made by States, whether acting alone or as members of international financial
institutions, must comply with their international human rights obligations at all
times, including during times of economic crisis.
Commentary
2.1
States are responsible for carefully examining different policy options at any
and all times and for determining the most appropriate measures in the light of their
circumstances and their international and domestic human rights obligations.
2.2
Taking timely, effective and preventive measures is a critical part of ensuring
all human rights during economic and financial crises.
2.3
In times of economic and financial crisis, States’ efforts are often directed at
trying to stabilize the economy. This comes with the risk of disregarding their
human rights obligations with regard to those who suffer most from the economic
crisis. Governmental efforts at stabilization can also exacerbate human rights
violations. This approach is counterproductive because it is precisely during these
periods that the population − in particular those who are disenfranchised, living in
poverty or at high risk of falling into poverty − is in greatest need of State
compliance with its obligations to respect, protect and fulfil human rights. 8
2.4
These obligations apply to all branches of the State (executive, judicial and
legislative) and all levels of government (national, subnational and local) within
their allocated sphere of responsibilities.
2.5
Commitments to fiscal discipline policies, whether stated in domestic
constitutions or in regional or international agreements, must not lead to sacrificing
international human rights obligations. States should undertake full assessments of
the potential impacts of fiscal discipline policies in different national and
subnational contexts before committing to such policies.
Principle 3 – Burden of proof and obligation to conduct human rights
impact assessments
States and other creditors, including international financial institutions, should
demonstrate that their proposed economic reform measures will realize, and not
undermine, States’ human rights obligations. This implies a duty to carry out human
rights impact assessments to evaluate and address any foreseeable effects of their
economic policies on human rights. Consulting on, and making public in adequate
formats the results of, human rights impact assessments are important components of
complying with this obligation.
Commentary
3.1
States and other creditors, including international financial institutions such
as development banks, must carry out a human rights impact assessment before
recommending or implementing economic reform policies that could foreseeably
undermine the enjoyment of human rights. States have to establish, through the steps
8
Committee on Economic, Social and Cultural Rights, general comment No. 2 (1990) on international
technical assistance measures, para. 9.
5
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