A/HRC/26/28
compatibility of, for example, austerity measures (such as those that many States
implemented in the wake of the 2008/09 financial crisis) with the Covenant would therefore
depend partly on whether the State has sought revenue-raising alternatives before making
cuts in areas that are important for ensuring the enjoyment of economic, social and cultural
rights, such as cuts in public sector employment, public services or social protection.
E.
Obligations of international assistance and cooperation
29. States have a duty to provide international assistance and cooperation commensurate
with their capacities, resources and influence, as established in Articles 55 and 56 of the
Charter of the United Nations and in several international human rights treaties. Particularly
important are the obligations of international assistance and cooperation enshrined in the
International Covenant on Economic, Social and Cultural Rights (arts. 2, para. 1 and 1,
para. 1), the Convention on the Rights of the Child (art. 4) and the Convention on the
Rights of Persons with Disabilities (art. 32), on the basis of the recognition that some
countries will not be able to achieve the full realization of economic, social and cultural
rights if other countries in a position to assist do not do so.
30. As part of international cooperation and assistance, States have an obligation to respect
and protect the enjoyment of human rights everywhere, which involves avoiding conduct
that would foreseeably risk impairing the enjoyment of human rights by persons beyond
their borders, and conducting assessments of the extraterritorial impact of laws, policies and
practices.37
31. States must refrain from any conduct that impairs the ability of another State to comply
with its own human rights commitments.38 Furthermore, they have an obligation to create
an international enabling environment for the fulfilment of economic, social and cultural
rights, including in matters relating to taxation. They should also coordinate with each other
in order to cooperate effectively in the universal fulfilment of economic, social and cultural
rights.39
32. In this sense, providing an avenue for high-net-worth individuals and transnational
corporations to evade tax liabilities (such as through the establishment of tax havens) could
be contrary to obligations of international assistance and cooperation, because it can
directly undermine the ability of another State to mobilize the maximum available
resources for the progressive realization of economic, social and cultural rights. This could
then obstruct the residents of that State from enjoying, for example, their rights to health,
education or social security.
33. When acting as a member of an international organization, a State remains responsible
for its own conduct in relation to its human rights obligations within and outside its
territory. This includes identifying the possible human rights impact of measures agreed at
the international level, including the impact on persons living in poverty.40 Therefore, when
a State makes decisions about loans as a member of an international financial institution,
careful consideration of human rights obligations would mitigate against imposing
conditions regarding fiscal policies that may jeopardize the human rights of the borrower
37
38
39
40
32, No. 15 (E/C.12/2002/11), para. 19, No. 17 (E/C.12/GC/17), para. 27, No. 18 (E/C.12/GC/18),
para. 34, No. 19 (E/C.12/GC/19), para. 42 and No. 21 (E/C.12/GC/21), para. 65.
Guiding principles on extreme poverty and human rights (A/HRC/21/39), para. 92.
See Maastricht Principles (see footnote 6), art. 21.
A/HRC/21/39, para. 61. See also Maastricht Principles, principle 29.
A/HRC/21/39, para. 97.
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