PHM-Exch> Human rights and the Financial Crisis and Global Economic Recession

[Claudio Schuftan]

**
*ESCRNet*

*Statement on the Financial Crisis and Global Economic Recession:*

*excerpts***

* *

*Towards a Human Rights Response to the Global Financial and Economic Crises
*

7. We call for a response to the financial crisis and economic recession
that places human

rights norms at the center, in particular those legally binding human rights
obligations enshrined in the Universal Declaration of Human Rights and core
international human rights treaties. This is not only necessary as a matter
of justice, but will make the reforms of the financial and economic system
more sustainable and resilient to future crises.

8. A human rights policy response does not presuppose a certain type of
economic system, nor preordain detailed trade or financial measures in all
contexts. Yet, human rights do provide a clear and universally‐recognized
framework founded in international law for guidance in the design and
implementation of economic policies and programs to address this
unprecedented economic crisis. Human rights not only pose limits to
oppression and authoritarianism. They also impose positive obligations on
States to uphold human rights, especially economic, social and cultural
rights. States have the duty to respect, protect and fulfill all human
rights (civil, cultural, economic, political and social) at all times,
especially in times of crisis.

9. Governments must discharge their duty to ensure minimum essential levels
of enjoyment of social and economic rights as a matter of priority, and must
also ensure that no deliberately retrogressive measures are taken, by for
example cutting essential rights‐realizing programs. Unless introduced after
very careful consideration of all possible alternatives, existing programs
which protect infant and maternal health, provide food assistance for people
in hunger, combat preventable diseases and malnutrition, or ensure access to
primary education, for example, must in no way be jeopardized by the crisis.
Even in the face of public revenue limitations, States must marshal the
maximum available resources to ensure that full implementation of economic
and social rights is progressively realized in the near and longer‐term. States
have a specific and continuing obligation to move as expeditiously and
effectively as possible towards their full implementation.

10. In addition, the human rights principle of non‐discrimination requires
that States ensure that all measures adopted in response to the crisis avoid
disproportionate effects, and that deliberate, targeted measures are put
into place to secure substantive equality of access to basic services across
countries and population groups. Disadvantaged members of society must be
protected as a matter of priority, even in times of severe resource
constraints.

11. Primary human rights obligations of States rest within their
jurisdictions. Yet, in the spirit of the UN Charter and applicable
international law, States are required to contribute to international
cooperation in the full realization of human rights. When acting within
inter‐governmental fora at the center of this economic crisis, such as the
United Nations, the World Bank, the IMF, and or other *ad hoc *meetings of
the G‐20, States must guarantee that their policies are consistent and
conducive to the realization of human rights. Those States who have enjoyed
a more powerful position in decision‐making on global economic policies have
had greater responsibilities in causing, through their actions and
omissions, this global meltdown. This means that they, in turn, carry
greater responsibility in the mitigation of the consequences, and in steps
needed to assure a just and sustainable way forward.

12. States are obliged to respect the enjoyment of human rights outside
their borders, and

recuperate their regulatory power to protect against human rights abuses
involving third parties, be they business, banks or other non‐state actors.
Governments must also ensure that human rights standards take primacy over
other trade, investment or finance commitments.

13. Lastly, the design and implementation of all economic policies and
programs must observe the basic human rights principles of social
participation, transparency, access to information, judicial protection and
accountability. Participation necessitates that the economic policy‐making
process is meaningfully rendered open to contest and debate by those
affected. Public access to information which affects peoples’ lives in any
way must not be restricted, and positive steps must be taken to ensure
transparency. Additionally, States must ensure that individuals whose rights
have been affected enjoy accessible and effective remedies to seek redress.
Those responsible for harms, including private actors, must be brought to
justice, and future activities affecting human rights prevented.

*HUMAN RIGHTSORIENTED ECONOMIC STIMULUS PACKAGES & PROTECTIVE MEASURES*

30. If formulated and implemented upon the human rights standards of
transparency,

accountability, participation and non‐discrimination, economic stimulus
packages in those

countries where they are possible could go a long way in deterring some of
the worst consequences of the crisis in the enjoyment of economic and social
rights. Non‐discrimination in stimulus packages can be ensured by
evaluations of the distributional consequences of the packages across
society to make certain equitable benefits are experienced across lines of
gender, ethnicity, sexual orientation, and class. Extra measures also may
need to be taken to promote substantive equality for those historically
disadvantaged. Decisions throughout the life of the stimulus must also be
open to question and based on participation and transparency to make certain
of robust public accountability. Gender‐sensitive policies, for example,
should lead to women’s participation in the design and implementation of
stimulus packages.

31. One particular area of priority for all governments in responding to the
crisis should be the stabilization and strengthening of social protection
systems for all, especially the most

disadvantaged. The right to social security is recognized in the Universal
Declaration of Human Rights and in numerous international human rights
treaties, and all States have an obligation to immediately establish a basic
social protection system and progressively expand it over time according to
their available resources. The strengthening of such systems work to both
fulfill the short‐term duty to protect people from an economic downturn, as
well as contribute to the longerterm economic priority of investing in
people.
32. The current crisis presents an historic opportunity to re‐structure our
broken global economy. It also opens a quickly closing door to reshape our
relationship with our environment. Responses to the financial crisis should
not lead to a reproduction, but rather to an end of environmentally
unsustainable economic patterns. In their effort to stabilize employment and
livelihoods, shortterm stimulus packages must be very careful not to expand
demand to the point of intensifying outdated and untenable patterns of
consumption in rich and poor countries alike. Instead, governments must
protect our shared future by living up to this unique opportunity to invest
in the long‐term need for a low‐carbon economy, and to support climate
adaptation and mitigation policies based on human rights principles at home
and abroad.

Full text from  <escr-right-to-health at yahoogroups.com>,
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://phm.phmovement.org/pipermail/phm-exchange-phmovement.org/attachments/20090523/21627291/attachment-0001.html>