A/HRC/31/60
resources that a State can reasonably generate through adequate, appropriate and fair
taxation of individuals and corporations or through the levying of tariffs.
14.
In addition, it should be noted that article 2 (1) of the Covenant explicitly refers to
those resources that can be made available through international assistance and cooperation,
in particular economic and technical assistance. It also extends to an obligation to create an
international enabling environment conducive to the universal fulfilment of human rights.
This international terrain includes bilateral and multilateral trade, investment, taxation,
finance, environmental protection and development cooperation. In other words, human
rights law requires a certain degree of redistribution of resources and support based on
available capacities within and among nations. This encompasses an organization of the
local and global economies that prevents and eradicates extreme poverty. 17 Violations of
this principle are pervasive: With 795 million people worldwide being undernourished, at
least one out of nine persons on Earth is currently excluded from enjoying essential
minimum levels of the right to food.18 The United Nations Human Settlements Programme
has estimated that close to one billion people currently do not have adequate housing but
instead often live in informal settlements in developing countries. 19 Inequalities within and
among nations are an important contributing factor to these unsettling outcomes. Inequality
is both a cause and a symptom of massive violations of economic, social and cultural rights.
15.
Economic inequality also matters from a human rights perspective when it translates
into other types of inequalities. The enjoyment of human rights does not depend only on
access to goods and services reflecting the minimum needed for survival; an individual’s
access to resources relative to others is also of crucial importance. Data suggests that high
levels of relative inequality may have substantial negative effects on the practice of human
rights. It has been observed that low-income households in a very unequal society may do
worse than households with the identical income in a more equal society. 20 This pattern is
obvious in numerous areas, including legal representation, education, political influence,
health, housing and social discrimination that can escalate into conflict.
16.
To illustrate, a poor domestic worker may not be able to sue his or her employer to
challenge an unfair unilaterally imposed pay cut, both because labour rights may not be
institutionalized in the State and because legal representation is not affordable. Continuing
to work in unfair conditions or quitting the job may be the only viable options, which is a
choice that can beget oppression, particularly when market conditions of high
unemployment make replacing employees rather easy.
17.
Likewise, people in poverty may not be able to afford higher education because of
prohibitively high tuition fees, the need to work for immediate income and the inability to
17
18
19
20
6
See principle 29 of the Maastricht Principles on Extraterritorial Obligations of States in the Area of
Economic, Social and Cultural Rights.
See Food and Agriculture Organization of the United Nations (FAO), The State of Food Insecurity in
the World, Meeting the 2015 international hunger targets: taking stock of uneven progress (Rome,
2015), p. 8. FAO employs a narrow definition of undernourishment, which has faced heavy criticism
for masking the magnitude of the hunger problem, see F.M. Lappé et al., “How we count hunger
matters”, Ethics and International Affairs, vol. 27 No. 3 (2013), pp. 251-259.
See http://mirror.unhabitat.org/content.asp?cid=11848&catid=746&typeid=24&subMenuId=0.
See R. Balakrishnan, J. Heintz and D. Elson, “What does inequality have to do with human rights?”,
Political Economy Research Institute, Working Paper Series No. 392 (2015). See also R. Wilkinson
and K. Pickett, The Spirit Level: Why More Equality Societies Almost Always Do Better (New York,
Bloomsbury Press, 2009).