42nd session of the UN Human Rights Council

9th – 27th September 2019

This Update provides a summary of the initiatives regarding economic, social and cultural (ESC) rights at the 42nd session of the Human Rights Council (September 2019). It provides information about:

Rights to water and sanitation

The Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, Léo Heller, focused on the human rights to water and sanitation in spheres of life beyond the household with an emphasis on public spaces (A/HRC/42/47).

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The report begins by noting that despite the fact that the rights to water and sanitation are human rights recognized at the international level and by many States at the national level, few of them have adopted sanitation policies beyond the domestic sphere. Nonetheless, many individuals and communities require access to water and sanitation in places well beyond the household, such as streets, prisons, workplaces, refugee camps, parks, health care facilities, schools and many others. Consequently, the lack of adequate access to water and sanitation in those places has disproportionately adverse effects on the enjoyment of economic, social and cultural rights on marginalized groups (persons experiencing homelessness, informal workers, women and girls and persons with disabilities). In this context, the Special Rapporteur recalls the Sustainable Development Goals (SDGs) 6.1 and 6.2, which seek to achieve universal and equitable access to safe and affordable water and sanitation for all in policy and programs beyond domestic spheres.

In explaining the importance of developing legislative frameworks for the enjoyment of the rights to water and sanitation in public spaces, he cautions that often state’s regulations and legislative measures are “largely silent on key human rights principles, such as affordability and non-discrimination, and few contain provisions for monitoring implementation. Even where regulations do follow human rights values, this is often done in a patchwork manner, containing, for example, rules regarding accessibility but not affordability, or protecting one group from discrimination in access, but not others.”

The report also discusses different dimensions of the accountability framework that could be strengthened. For example: the definition of clear standards, roles and responsibilities; the answerability to the beneficiaries by water and sanitation providers; the establishment of enforceability mechanisms to ensure compliance with defined standards; and the provision of forums where people can bring complaints. Importantly, the Special Rapporteur points out that for States to comply with their international human rights obligations, they must provide water and sanitation facilities in accordance with the legal content of the right: availability, accessibility, affordability, quality, safety, acceptability, privacy and dignity.

Furthermore, the report emphasizes the links between the enjoyment of the rights to water and sanitation in public spaces, and other human rights, such as freedom of assembly, freedom of movement and the rights to work and health. It stresses that “it is widely recognized that water and sanitation are key determinants of health and that the human rights to water, sanitation and adequate health are intrinsically linked. Without appropriate facilities for the enjoyment of their rights to water and sanitation, people living and working in public spaces may be at greater risk of experiencing significant negative health outcomes.”

The report concludes with recommendations to States, international human rights treaty bodies, and international monitoring bodies related to the SDGs, to make sure that the rights to water and sanitation can be enjoyed on equal terms by all in the public sphere.

In addition to this thematic report, the Special Rapporteur presented is country visit reports on Lesotho (A/HRC/42/47/Add.1) and Malaysia (A/HRC/42/47/Add.2).

Resolution on the human rights to safe drinking water and sanitation

A resolution (A/HRC/42/5) on the human rights to safe drinking water and sanitation was adopted by consensus at this Council session. The resolution extended the mandate of the Special Rapporteur on the human rights to safe drinking water and sanitation, until September 2022.

It also requested the Special Rapporteur to undertake certain activities during the new mandate, including: “to initiate and participate in awareness-raising activities, including through social media and with the use of accessible materials, and in collaboration with States, to compile good practices at the local, national, regional and international levels in order to promote the progressive realization of the human rights to safe drinking water and sanitation.”

Development and economic, social and cultural rights

The Special Rapporteur on the right to development, Mr Saad Alfarargi, issued a report presenting guidelines, principles and recommendations for implementing the right to development in practice at the national, regional and international levels (A/HRC/42/38).

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The report starts by highlighting the importance of international human rights principles and participation for the implementation of the right to development. The Special Rapporteur underlines that participation goes beyond formal individuals’ and communities’ consultation by requiring decision-making to be people-centred and to consider individuals as rights-holders and the main drivers of their own development. On this point, he puts participation at the core of the whole process of development and notes that “the view that development is only an economic outcome is incomplete since it is possible for the development priorities of a population to remain unfulfilled despite economic growth. In fact … growth without attendant redistributive policies has been linked to inequality.”

The Special Rapporteur points out that development projects should be carried out in a participatory, transparent and institutionalized manner, and should carefully consider the full range of the grounds of discrimination, aiming to prevent the exacerbation of existing socio-economic inequalities.

The report also explains that the right to development requires development financing to be sustainable and fairly distributed across the population, and directed to reducing social disparities. He calls on States to: end the privatization of social services; provide social protection floors, even in times of economic constraints; implement effective and progressive tax policies, and; prevent regressive steps in the provision of public goods, such as the enactment of austerity measures which harm the most disadvantaged sectors of the population. In this context, the report notes “States should not embark on broad economic liberalization measures without first assessing the human rights impact of the policies to be undertaken, since such measures have the potential to entrench social inequalities and undermine the regulatory capacity of States, in particular in relation to the enjoyment of social, cultural and economic rights.”

The report then recognizes the need to incorporate human rights impact assessments into the process of monitoring and evaluation of development programs, and to move forward to new and innovative ways of measuring development. He argues that States should consider the impact of development programs on the environment, equality and people’s wellbeing, and to be inclusive by developing “methodologies and parameters to measure development, including within the framework of the implementation of the Sustainable Development Goals, in a participatory manner with the involvement of civil society organizations, including academia, development practitioners, social workers and community leaders”

The report also notes that the right to development is meaningless without effective accountability mechanisms and timely access to remedies. The Special Rapporteur States that because of the nature of the right to development, individuals and communities can demand remedies and accountability through a wide range of duty bearers, from non-state actors to the international community. Subsequently, he presents different avenues for seeking accountability and remedies at the local, regional and international level.

In addition to his thematic report, the Special Rapporteur presented his country visit report on Cabo Verde (A/HRC/42/38/Add.1).

Report of the High Commissioner for Human Rights on the right to development

The High Commissioner for Human Rights presented her annual report on the work of her office on the right to development (A/HRC/42/29). The report describes the activities of the OHCHR on the promotion and realization of the right to development undertaken between June 2018 and May 2019. It also provides an analysis of the implementation of the right to development, existing challenges and recommendations, focusing on the components of the targets of Sustainable Development Goal 17: finance, technology, capacity-building and systemic issues.

Working Group on the right to development

The mandate of the Working Group on the right to development, as established by the Commission on Human Rights in its resolution 1998/72, is to monitor and review progress made in the promotion and implementation of the right to development, as set out in the Declaration on the Right to Development (General Assembly resolution 41/128) and provide analysis and recommendations for its full enjoyment. The Working Group presented its report of its twentieth session (May 2019) to the Council (A/HRC/42/35).

The Human Rights Council had mandated the Working Group to consider, revise and endorse the draft right to development criteria and operational sub-criteria prepared by the high-level task force on the implementation of the right to development. That criteria was to be used in the elaboration of a comprehensive and coherent set of standards for the implementation of the right to development and then evolve into a basis for consideration of an international binding legal standard.

In its resolution 39/9, the Council asked the Working Group, to commence discussions on the elaboration of a draft legally binding instrument on the right to development, through a collaborative process of engagement, including on the content and scope of the future instrument. This was the main objective of the Working Group meeting in May 2019.

The meeting saw strong participation from States particularly from the South, who tended to support the move to develop a legally binding instrument on the right to development. Some States from the North participated in the session, but they generally did not support the development of a legally binding instrument (eg: Japan, EU, Switzerland). Overall there was very low engagement by NGOs.

The meeting also heard interactive dialogues with the Special Rapporteur on the right to development and experts on the implementation and realization of the right to development and the implications for the 2030 Agenda. It also held panel discussions with legal experts on the content and scope of a legally binding instrument on the right to development. It concluded by noting the divergent views on a legally binding instrument and recommending that the Chair Rapporteur continue to hold consultations with States and all stakeholders.

Resolution on the right to development

A resolution (A/HRC/42/23) on the right to development was also adopted by the Human Rights Council at this session. It stresses the need “to effectively integrate the right to development into its work and that of its mechanisms in a systematic and transparent manner.” The resolution also urges the High Commissioner and the Special Rapporteur to promote and protect the right to development in practice at the local, regional and international levels by considering the standards provided by international human rights instruments.

Women’s economic, social and cultural rights

Panel discussion on gender integration

The annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms was held at this session and focused on the theme: Gender-responsive initiatives to accelerate gender equality.

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A panel of experts discussed the issue of gender parity and how it contributes to the integration of a gender perspective in the work of the Human Rights Council and its mechanisms, following on from the discussion on the same topic in 2015. The speakers analysed initiatives for gender-responsive assemblies that have the potential to drive effective change within the Council. They agreed that challenges remain despite certain progress: women are still underrepresented in human rights mechanisms; the majority of State delegates continue to be men and women tend to speak up less than their male counterparts in Council sessions, during panels and in side events. While women experts remain over-represented on panels and Council mandates that focus on women’s or children’s rights, discussions on other topics seem to be still reserved for men.

Resolution on the twenty-fifth anniversary of the Beijing Declaration and Platform for Action

The Council also adopted a resolution to commemorate the twenty-fifth anniversary of the Beijing Declaration and Platform for Action, by organizing a high-level panel discussion at its forty-third session (A/HRC/42/14).

Right to health

Hazardous wastes

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Mr Baskut Tuncak, presented his annual thematic report to this Council session. The report presents the principles on human rights and the protection of workers from exposure to toxic substances (A/HRC/42/41).

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Special Rapporteur on human rights and hazardous substances and waste, Mr Baskut Tuncak

The report begins by describing the process for the elaboration of these human rights principles, highlighting the encouragement he received from States and other stakeholders and the need to supplement the relevant ILO standards with human rights principles. The report then sets out the 15 Principles under three headings: Principles on duties and responsibilities to prevent exposure; Principles regarding information, participation and assembly; and Principles regarding effective remedies.

The Special Rapporteur notes that the right to safe and healthy working conditions entails a wide range of interrelated and interdependent human rights, such as the right to life, health and an adequate standard of living. Therefore, ‘acute poisonings and other cases of extreme exposure to toxic substances are unquestionable violations of these rights of workers, subjecting them to violent, cruel, inhuman and degrading forms of treatment’. The Special Rapporteur points out that States must take positive measures to protect all individuals from exposure to toxic substances at work, with special consideration for disadvantaged populations, including children and women, migrants, low income workers and people with disabilities.

The Special Rapporteur also stresses that the rights to participation, information, freedom of expression and association, individually or collectively exercised, can function as powerful tools to prevent human rights violations resulting from toxic occupational exposures. He notes that workers have the right to: know their rights and the implications of toxic exposures; have access to health and safety information about toxic substances; and be protected from intimidation, violence and other threats.

In relation to effective remedies, the Special Rapporteur says ‘the pervasive inaccessibility of effective remedies to workers who are victims of toxic exposures serves as a barrier to the transition to safer, healthier work for millions of workers around the world.’ In this context, he calls on States to: provide timely and effective remedies to direct and indirect victims of toxic exposure, including proper investigations; provide adequate reparations for human rights violations; and bring to justice to those responsible. The report pays particular attention to the disproportionate effects of toxic exposures on the most vulnerable workers. For example, due to gender roles, economic insecurity and historical social disadvantage, women suffer to a greater extent the perverse effects of hazardous substances and wastes at work. The Special Rapporteur recommends that States enact special mechanisms to ensure equal access to remedies for all.

Resolution on the protection of the rights of workers exposed to hazardous substances and wastes

The Council adopted by consensus a resolution (A/HRC/42/21) on the protection of the rights of workers exposed to hazardous substances and wastes. The resolution urges States, the private sector, donors and international organisations to implement preventive measures and provide remedies for workers’ human rights violations, by considering the principles of international human rights law and occupational health and safety standards.

Resolution on the right to health

A Resolution (A/HRC/42/13) on the human right of everyone to the enjoyment of the highest attainable standard of physical and mental health was adopted by consensus at this Council session. The resolution emphasizes the importance of multi-sectoral cooperation at the national, regional and international level, for the full enjoyment of the right to health and for tackling the underlying and social determinants of health.

The resolution also extends the mandate of the Special Rapporteur, currently Mr Dainius Pūras, for three further years, and requests the Special Rapporteur to support the implementation of the health-related SDGs and targets.

OTHER INITIATIVES OF INTEREST

Resolution on the right to social security
The Council adopted by consensus a resolution (A/HRC/42/13) on the right to social security. The resolution starts by highlighting that the Council is deeply concerned about the unequal access to social security between men and women due to structural and historical disadvantages. The Council also raised concerns about the accessibility of the right to social security by persons with disabilities and called on States to deliver the benefits and services of social security “on an equal basis as others, particularly in developing countries, while recognizing that the fulfilment of the right to social security contributes to the full enjoyment of all human rights and fundamental freedoms”
In this resolution, the Council also decided to organize a full-day panel discussion on the right to social security, before the 45th session of the Human Rights Council, aiming to identify best practices and current challenges in a changing world.
Special Rapporteur on the rights of indigenous peoples
The report of the Special Rapporteur on the rights of indigenous peoples (A/HRC/42/37) provides an insightful analysis on international human rights standards related to indigenous justice, the right to a fair trial and access to justice for indigenous peoples. The report recommends that States protect and coordinate both indigenous and ordinary justice systems aiming to “…achieve justice for all and promote effective, accountable and inclusive institutions in a manner consistent with human rights…”.
Annual panel discussion on the rights of indigenous peoples: Promotion and preservation of indigenous languages
The Council also held a half-day panel discussion on the promotion and preservation of indigenous languages. It paid particular attention to good practices, challenges and measures in the promotion and preservation of indigenous languages, and examined the links between indigenous peoples’ rights relating to languages and cultures and other rights, including the right to education.
Resolution on human rights and indigenous peoples
The Human Rights Council also adopted by consensus a resolution (A/HRC/42/19) on human rights and indigenous peoples. The resolution urges States and relevant stakeholders to support the effective participation of indigenous peoples in decision making-processes, including those related to climate change adaptation and mitigation.
Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
The report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/42/44), provides a stock-taking and assessment of anti-slavery efforts to date. It addresses the main challenges of combating slavery, by analyzing the global situation of slavery today and how it could be transformed in the near future by modern trends in the fields of labor markets, economics, environment, migration and technology.
Based on this analysis, the report offers a holistic approach to effectively addressing slavery and urges States to employ more systematic, scientific, strategic, sustainable, survivor-informed, and smart, anti-slavery efforts without delay, if the SDG target 8.7 is to be met by 2030.
Resolution on contemporary forms of slavery, including its causes and consequences
The Human Rights Council adopted a resolution by consensus (A/HRC/42/10) which renewed the mandate of the Special Rapporteur, Ms Urmila Bhoola, for three years, and examined the priority areas for the future mandate.