A/HRC/17/34
E.
Enhancing regulation that protects individuals from abuse by private
actors
82.
Today, States have the opportunity to address the problems in the architecture
of the global financial and monetary systems that have been exposed by the crises. The
weaknesses of a deregulated free market have been brought into sharp relief in recent
years, and States should utilize this moment to meet the challenge of restructuring the
global financial system so that it is more equitable and protects against economic
shocks with the potential to devastate the lives of the most vulnerable.
83.
The human rights framework obliges States to take measures to ensure that
individuals under their jurisdiction are protected from infringements of their rights
by third parties, and to take all available legal or policy measures to prevent third
parties from violating economic, social and cultural rights. Accordingly, States should
take immediate steps to regulate the actions of banking and financial sector entities
under their control, in order to prevent them from violating or infringing upon
human rights.
84.
A human rights approach stipulates that legal and policy measures to
strengthen the accountability and transparency of financial systems should be taken.
In order for States to meet their duty to protect, the banking sector should be
regulated to obligate banking institutions to serve the interests of society by, for
example, ensuring access to credit without discrimination, especially those struggling
under increased economic burdens. States should ensure adequate means of redress
for those adversely affected by the actions taken by financial sector institutions, and
adopt regulations that discourage harmful practices by providing for accountability
mechanisms that penalize risky behaviours and prosecute perpetrators.
85.
Enhancing regulation requires States to take collective action and to provide
international assistance and cooperation (see paragraphs 94-99 below). It is critically
important that States reach a consensus on regulatory actions to improve the
functioning and transparency of financial commodity markets in order to curb
financial speculation and excessive commodity price volatility, which directly affect
the enjoyment of the right to food by those living in poverty.
F.
Strengthening State institutional and technical capacity
86.
To address future crises in an effective and timely manner, ensuring that the
most disadvantaged and vulnerable groups are protected, States should improve their
technical and institutional capacity to develop evidence-based policymaking.
Depending on the domestic circumstances of each country, this may include enhancing
the capacity to mobilize fiscal space and improving research and analytical
capabilities to identify and quantify the impact of economic shocks on the most
vulnerable.
87.
States should ensure that staff in key Government departments are trained and
have the analytical skills to assess the human rights implications of their decisions.
States should also put in place coordination mechanisms to ensure communication
and information-sharing between Government departments on human rights-related
issues.
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