maximum available resources for the implementation of economic, social and cultural rights", and it
recommended that it "intensify its efforts, in coordination with its Overseas Territories and Crown
Dependencies, to address global tax abuse".145
Nor is the Committee on Economic, Social and Cultural Rights isolated in this regard. A few months
after the cited recommendation was addressed to the United Kingdom, the Committee on the
Elimination of Discrimination against Women recommended that Switzerland "Undertake independent,
participatory and periodic impact assessments of the extraterritorial effects of its financial secrecy and
corporate tax policies on women’s rights and substantive equality, and ensure that such assessments
are conducted in an impartial manner with public disclosure of the methodology and finding".146 The
recommendation was prompted by a report147 presented by a coalition of non-governmental
organisations and a human rights clinic, showing how cross-border tax abuse by corporations and
individuals (in various forms including "controversial profit-shifting, fraudulent under-reporting of the
value of taxable transactions, and the use of off-shore accounts to hide taxable income"148 ) have an
impact on the ability for developing countries to protect and fulfil women's rights. As the report
explained:
The loss of revenues to cross-border tax abuse contributes to the underfunding of essential
services, institutions, and infrastructure on which women depend, from health care and
education to public courts and transportation systems, as well as programs designed specifically
to protect and promote women’s rights. Inadequate spending on social services often takes a
heavy toll on women in particular, as they typically bear the burden of care-giving and
performing unpaid work when public institutions fall short.149
Extraterritorial obligations in the area of economic, social and cultural rights include a number of
components.150 Establishing a regulatory framework that ensures that poor countries shall not be
deprived of the resources needed to finance their development, by clamping down on tax havens and
by ensuring that corporations shall not commit tax abuse, is one particularly important component. But
other forms of support -- more direct, less structural -- are equally pertinent to recall in this context.
3. International support
When domestic resources are insufficient to allow a State party to the International Covenant on
Economic, Social and Cultural Rights to meet its obligations, it should seek to attract support from
outside the country. Among the external resources that could be mobilized are the resources from
foreign direct investment (that the government could seek to attract to the country, as a means to create
employment, to transfer technologies, and to raise the standards of living),151 and the resources that the
international community could contribute through development cooperation or through the provision
145
Committee on Economic, Social and Cultural Rights, Concluding Observations on the sixth periodic report of the United
Kingdom of Great Britain and Northern Ireland (UN doc. E/C.12/GBR/CO/6, 14 July 2016), paras. 16-17 (emphasis added).
146
Committee on the Elimination of Discrimination against Women, Concluding Observations on the combined fourth and
fifth reports of Switzerland (CEDAW/C/CHE/CO/4-5) (18 November 2016), para. 41.
147
Alliance Sud, Centre for Economic and Social Rights, Global Justice Clinic of New York University School of Law,
Public Eye and Tax Justice Network, Swiss Responsibility for the Extraterritorial Impacts of Tax Abuse on Women's Rights,
2
November
2016,
available
at:
http://chrgj.org/wpcontent/uploads/2016/12/switzerland_cedaw_submission_2nov201628.pdf (last consulted on 20 Dec. 2016).
148
Id., at 1.
149
Id., at 2.
150
The Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights,
seek to bring together the rather disparate contributions from judicial and non-judicial bodies to this fast-developing area of
human rights law. They were endorsed on 28 September 2011 by a range of non-governmental organisations and human
rights experts, including mandate-holders within the Special Procedures established by the Human Rights Council. See
Olivier De Schutter, et al., "Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of
Economic, Social and Cultural Rights", Human Rights Quarterly, vol. 34 (2012): 1084-1171.
151
See above, text corresponding to notes 117-119 (on the factors that attract foreign direct investment) and to notes 95-110
(on the specific case of natural resources).
32
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