A/HRC/26/28
aimed at assisting the most disadvantaged individuals and groups that have suffered from
historical or persistent discrimination, such as well-designed subsidies or tax exemptions,
would not be discriminatory. In contrast, a flat tax whereby all people are required to pay
an equal proportion of their income would not be conducive in achieving substantive
equality, as it limits the redistributive function of taxation.
17. Revenue collection is a critical tool for States in tackling and redressing systemic
discrimination and ensuring equal access to economic, social and cultural rights. In order to
redress structural inequalities, including gender inequalities, States should evaluate the
differential impact of existing and proposed fiscal policies on different groups, in particular
those who suffer from structural discrimination. For example, certain tax arrangements that
directly or indirectly disincentivize women’s participation in the labour force or promote
the male bread-winner family model could threaten women’s enjoyment of human rights.15
Meanwhile, a State with a very narrow tax base or that fails to tackle tax evasion may result
in its inability to fund social protection or adequate and accessible public services, a
situation that is likely to create or entrench inequalities.
B.
Right to self-determination
18. The right to self-determination, enshrined in both the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and Political
Rights, expressly encompasses the rights of peoples (not the State or Government) to freely
dispose of their natural wealth and resources.16 Considering that many natural resources are
finite and non-renewable, this right needs to be protected with special care, taking into
account the rights of future generations.17 At the very least, a State’s population has a right
to enjoy a fair share of the financial and social benefits that natural resources can bring.
This requires ensuring participation, access to information and high standards of
transparency and accountability in decision-making about the use of natural resources.
Where indigenous peoples are involved, States have additional and specific obligations,
including ensuring free, prior and informed consent in any decisions regarding the use of
their lands.18
19. The right to self-determination also underlines the rights of all peoples to “freely pursue
their economic, social and cultural development” and the duty of States to respect that right.
This has clear implications for activities that undermine the ability of other States to raise
revenue and fund their own development.
C.
Rights to participation, accountability, transparency and access to
information
20. The rights to participation, accountability, transparency and access to information are
critical human rights principles that also apply to fiscal policies and must be implemented
throughout the policy cycle, from design of budgets and tax codes, allocation of
expenditure, through to monitoring and evaluation of impact.
15
16
17
18
6
See Convention on the Elimination of All Forms of Discrimination against Women, arts. 5 and 16.
See also the Declaration on the Right to Development, art. 1, para. 2.
See for example A/HRC/24/44.
See Declaration on the Rights of Indigenous Peoples, arts. 10 and 32, and ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169).