ignore that SDGs and human rights mutually reinforce one another. Another risk is that SDGs are
seen as something more and more detached from human rights. Actually, as nine mandate-holders
warned in 2016, ‘some States and sponsoring private actors are already “cherry-picking” goals and
targets in the 2030 Agenda for Sustainable Development, and overlooking basic rights’.
A number of mandate-holders and treaty bodies are already working to identify and/or develop the
legal framework of states’ obligations to mobilise resources. Human rights should be at the core of
development financing, guiding both its means and goals, so that funds are provided and spent without
unfairly sacrificing anybody’s rights, particularly those of the most vulnerable groups. To make this
point clear: international development financing is not just about more resources. To ensure that
everyone can enjoy a decent life, free from hunger and with access to education, healthcare, housing
and drinking water, human rights must be at the core of development financing.
This includes specific, concrete and practical aspects of the duty to mobilise resources against the
backdrop of economic and financial crisis, as well as governance and accountability gaps. For example,
illicit financial flows and debt unsustainability undermine fiscal efforts to achieve development goals
and realise human rights. Yet, how can these complex links be translated into practical and consistent
standards and guidance to states and other stakeholders? How can international efforts be supported
to end tax competition between states, tax abuse and shifting funds to tax havens so as to avoid adverse
impact on the rights to food, water, sanitation and housing? How can we translate such analysis into
pertinent and effective recommendations? How can we effectively address economic inequality, state
capture and its adverse impacts on the enjoyment of civil and political rights?
Another important question that needs to be tackled is how extraterritoriality of human rights obligations
is linked to the obligation to mobilise resources, the duty to seek international assistance and cooperate,
and the relevance of states’ human rights obligations when they act as members of international
organisations. Clarifying this intricate issue would aid more forceful advocacy, for example, for a full
applicability of human rights law to multilateral financial institutions.
We need to be able to conduct a human rights analysis of the possible consequences of economic
policy choices. This does not mean questioning the policy space that authorities need in
macroeconomic matters. But, for example, we need to reflect on whether it is reasonable to expect
that austerity works when economies are weakening.1 Obligations under human rights law should be a
legitimate and necessary constraint when designing and implementing macroeconomic policies. The
same can be said regarding bilateral investment treaties that do not allow host countries to capitalise
on the benefits of these investments through effective regulatory tools.
A more systematic effort is needed to answer these crucial questions. More collaboration among
human rights mechanisms and bodies could be fruitful in order to develop more sophisticated and
effective tools and recommendations to tackle a number of human rights challenges that entail
economic, fiscal and financial policies. The first step might be compiling relevant recommendations,
1
On the development of the Guiding Principles on Economic Reform and Human Rights, please see my forthcoming
(2018) report to the UN Human Rights Council.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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