A/62/214
37. Human rights impact assessment is the process of predicting the potential
consequences of a proposed policy, programme or project on the enjoyment of
human rights. The objective of the assessment is to inform decision makers and the
people likely to be affected so that they can improve the proposal to reduce potential
negative effects and increase positive ones. Human rights impact assessment is a
relatively recent concept. However, other forms of impact assessment, such as
environmental and social impact assessments, are now well-established and
routinely undertaken in many countries to evaluate proposed policies, programmes
and projects. Similarly, such initiatives, prior to being adopted and implemented,
should be assessed for their impact on human rights.
38. The report reviews and then draws key criteria from three pioneering human
rights impact assessment initiatives: (a) the Handbook in Human Rights Assessment
(2001) of the Norwegian Agency for Development Cooperation; (b) the Rights and
Democracy initiative on human rights impact assessment (2007); and (c) the Health
rights of women assessment instrument (2006) of the Humanist Committee for
Human Rights. 13 The report focuses specifically on the obligation of Governments
to undertake impact assessments in order to comply with their obligation to
progressively realize human rights. Accordingly, it proposes a methodology
specifically suited to assessments of governmental policies, programmes and
projects.13 Importantly, the methodology is intended to assess proposed initiatives: it
does not consider impact assessments for initiatives that have already been
implemented. Of course, developing such a methodology is a complicated
undertaking and will require more work and discussion. Comments on the study
would be most welcome.
39. In designing a methodology for impact assessments, there are at least two
distinct approaches. The first approach is to develop a self-standing methodology
for human rights impact assessments, just as has been done for environmental and
social impact assessments. The other approach is to develop a methodology for
integrating human rights into other existing types of impact assessments. The report
proposes the second approach, consistent with mainstreaming human rights into all
Government processes. The integration of human rights into existing impact
assessments will require interdisciplinary collaboration between human rights
professionals, experts in various types of impact assessment and others. The study
contributes to this process by providing some human rights considerations and
frameworks and by outlining a methodology.
40. The report presents a methodology in two parts. The first part sets out seven
general principles for performing a rights-based impact assessment. These are: (a) to
use an explicit human rights framework; (b) to aim for progressive realization of
human rights; (c) to promote equality and non-discrimination in process and policy;
(d) to ensure meaningful participation by all stakeholders; (e) to provide information
and protect the right to freely express ideas; (f) to establish mechanisms to hold the
State accountable; and (g) to recognize the interdependence of all human rights.
41. The second part of the methodology proposes six steps for integrating the right
to health, as a starting point for integrating all human rights, into existing impact
assessments. The steps are: (a) to perform a preliminary check on the proposed
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Some human rights assessments focus on non-governmental actors; for example, see the recent
study on impact assessments and business (A/HRC/4/74).
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