A/HRC/31/60
widening the income and wealth gap and making highly inefficient use of financial
resources.105
4.
Other measures
68.
Apart from more direct actions against inequality, States should have a focus
on measures with strong medium- and long-term effects. Investment in education and
the development of skills should be of highest priority, as it has robust and significant
positive impacts on equality of opportunity, social mobility and long-term growth.100
Furthermore, ensuring equal, affordable access to the courts and legal advice and
representation, the establishment of low-cost dispute settlement mechanisms, a robust
legislation on political parties financing and promoting a pluralistic mass media
system, and strong consumer protection mechanisms should be on the agenda.
69.
Finally, States and the international community should explore further avenues
for reforming parts of their legal systems that appear to have a tendency towards
unduly favouring capital owners and the wealthy.106 Making adjustments to existing
structures might be an efficient way for achieving necessary change without facing a
similar degree of resistance than introducing, for example, new taxes.
5.
Crisis response
70.
It cannot be stressed too often that any response to financial crises, in
particular sovereign debt crises, must fully comply with human rights law. In her
report, the former Independent Expert on human rights and extreme poverty,
Magdalena Sepúlveda Carmona, has already provided very detailed
recommendations for such human rights compliant crises responses. 107 This report
therefore focuses on highlighting only very few important aspects of relevance in the
context of inequalities and financial crises. Fiscal stability and GDP may not be the
sole targets of adjustment and may not overrule, suspend or dilute existing human
rights obligations and responsibilities. Preserving economic, social and cultural rights,
including the right to work social security, health, housing and education must be
ensured.108 Socioeconomic inequalities must be fully taken into account when
implementing crises response measures. While certain spending cuts may be
temporarily necessary, the States concerned must always respect the boundaries set
by the duty of non-retrogression. They must ensure, to the extent possible, that social
spending is affected last and the least. Rather, the States concerned should strongly
focus on finding and creating progressive ways of increasing revenues. The protection
of vulnerable groups must have the highest priority, calling, for example, for
exemptions from cuts or even the implementation of new social protection
programmes. The recent experiences of Iceland evidence that this approach is realistic
and can yield fruitful results.109
105
106
107
108
109
See A. Nieto Ramos, El efecto de las pensiones sobre la desiguadad de ingresos en Colombia
(Bogotá, Universidad de los Andes, 2014). See also “Política fiscal y derechos humanos en las
Américas” (footnote 16), p. 21.
See S-L Hsu, “The rise and rise of the one per cent: considering legal causes of wealth inequality”,
Emory Law Journal Online, vol. 64, pp. 2043-2072 (2015).
See A/HRC/17/34.
See the end-of-mission statement of the Independent Expert of his mission to Greece, December 8
2015, available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=16852&LangID=E.
See the report of the Independent Expert on his mission to Iceland (A/HRC/28/59/Add.1).
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