46th session of the UN Human Rights Council

The UN Human Rights Council held its 46th session from 22 February 2021 to 24 March 2021. Due to the ongoing effects of the coronavirus pandemic, the session was once again held primarily online.

The following Update provides a summary of Council initiatives regarding economic, social and cultural (ESC) rights. This includes information about:

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Access to COVID-19 Vaccines

Council Resolution on Access to COVID-19 Vaccines

Ecuador and Azerbaijan (on behalf of the Movement Non-Aligned Countries) proposed a resolution on ensuring equitable, affordable, timely and universal access for all countries to vaccines in response to the coronavirus pandemic. The resolution, which was passed without a vote, may be accessed here.

Rossella De Falco (GI-ESCR) and Tim Fish Hodgson (ICJ) have penned an op-ed that responds to the Resolution and questions whether it goes far enough. You can read their contribution here.

The realisation in all countries of ESC rights

Council Resolution on Economic, Social and Cultural Rights

The Council adopted a Resolution on the question of the realisation in all countries of economic, social and cultural rights. The Resolution, which passed without a vote, recognises barriers to the realisation of ESC rights, including underinvestment in public services, and calls on States to take various steps that would advance their fulfilment. It also requests that the Secretary-General prepare a report “on the question of the realisation in all countries of ESC rights”, which will be submitted to the forty-ninth session of the Human Rights Council.

The resolution may be accessed in full here.

Human Rights and the Environment

Report of the Special Rapporteur on Human Rights and the Environment

The UN Special Rapporteur on human rights and the environment, David Boyd, presented his annual thematic report, entitled “Human rights and the global water crisis: water pollution, water scarcity and water-related disasters” (A/HRC/46/28) .The report may be accessed in full here.

Mr Boyd presents his report to the Human Rights Council

Report Summary

Council Resolution on Human Rights and the Environment

Costa Rica, Maldives, Morocco, Slovenia, Switzerland presented a resolution on human rights and the environment, which passed without a vote. The Resolution renews the mandate of the Special Rapporteur on Human Rights and the Environment, and may be accessed in full here.

Core group statement on Human Rights and the Environment

Costa Rica, Maldives, Morocco, Slovenia and Switzerland also released a statement calling for States to engage with the process necessary to ensure the international recognition of the right to a healthy environment. The statement, which attracted the support of over 60 states, may be accessed here.

The Report begins by providing facts regarding the global water crisis, and the serious adverse impacts that lack of access to safe water and sanitation facilities has on human rights. Over 2 billion people currently lack access to safely managed drinking water and over 4 billion lack access to safe sanitation, and the Special Rapporteur highlights the catastrophic consequences this has had during the COVID-19 pandemic. Climate change is also exacerbating the water crisis, and the Report found that over 80% of States have insufficient financial resources to meet targets under Sustainable Development Goal 6 ("clean water and sanitation for all"). Lack of access to water has disproportionate consequences for the human rights of vulnerable and marginalised groups, particularly women, indigenous people, refugees, older persons and people living in poverty.

The Report then highlights the procedural and substantive State obligations regarding ensuring safe and sufficient water. The Special Rapporteur provides a 7-step process for States to apply a human rights-based approach to water governance. It then details the responsibilities of businesses in this area, noting, for example, that they should comply with the Guiding Principles on Business and Human Rights, and prioritise respect for indigenous rights.

Recommended actions for both States and businesses include avoiding the privatisation and commodification of water, and increasing the role of women and other marginalised groups in decision-making processes to ensure equitable access to water for all.

The Rights of Persons with Disabilities

Gerard Quinn presents his latest report to the Human Rights Council.

Report of the Special Rapporteur on the Rights of Persons with Disabilities

The Report of the Special Rapporteur on the rights of persons with disabilities, Gerard Quinn, presents an overview of actions taken in 2020 and describes his vision of the mandate going forward (A/HRC/46/27). Access the report here, and an easy-to-read version here.

Report Summary

The Special Rapporteur begins his report by acknowledging that his planned country visits for 2020 to Botswana and China could not take place due to the COVID-19 pandemic. He instead hopes to conduct those visits in 2021.

The Report then highlights the importance of the Convention on the Rights of Persons with Disabilities, and makes clear that changes in law and policy will be required to give meaning to these rights. COVID-19 has proven that persons with disabilities are still treated as if they are invisible in responses to crises such as a pandemic, revealing enduring unequal power dynamics and leaving increasing numbers of persons with disabilities facing issues such as homelessness.

The Special Rapporteur intends to focus his work on the core concept of inclusive equality, which entails a commitment to inclusion, belonging and participation for persons with disabilities. He considers that persons with disabilities should be closely consulted with and actively involved in the development of legislation and decision-making processes implementing the Convention, particularly in regard to States’ climate adaptation measures. In this context, he notes that whilst “Climate adaptation measures have for the most part overlooked engagement with persons with disabilities and their representative organizations”, many climate risks can be avoided “if persons with disabilities and their representative organizations can become part of the solution that States are building through their climate mitigation and adaption measures.”

The Special Rapporteur also highlights the importance of intersectionality and his intention to incorporate this throughout his work with the mandate, with particular focus on gender perspective, older persons with disabilities, and the rights of indigenous persons with disabilities. Finally, the Special Rapporteur considers it vital that work in response to COVID-19 should focus on, “building back better” and ensuring recovery programmes reach persons with disabilities, so as to bring about real change in the realisation of human rights.

Human Rights and Foreign Debt

Report of the UN Independent Expert on Foreign Debt

The UN Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Yuefen Li, presented a report entitled “Debt relief, debt crisis prevention and human rights: the role of credit rating agencies” (A/HRC/46/29).

The report may be accessed in full here.

The Independent Expert has also provided informal summaries on the report in English, Français, & Español.

Council Resolution on the Effects of Foreign Debt

Cuba submitted a resolution on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights. The resolution passed by 28 votes to 14, with 4 abstentions. It may be accessed here.

Yuefen Li addresses the Human Rights Council.

The Right to Food

Council Resolution on the Right to Food

A Resolution on the right to food was presented by Cuba and adopted without a vote. It may be accessed here.

The Human Rights Council’s interactive dialogue with Michael Fakhri.

Report of the Special Rapporteur on the Right to Food

The Special Rapporteur on the right to food, Michael Fakhri, presented a report outlining the direction that he intends to take during his tenure, including his vision of the areas of concern and priority issues that will inform his future thematic reports (A/HRC/46/33).

The report may be accessed in full here.

Report Summary

The Report of the Special Rapporteur begins by highlighting the serious impact that the COVID-19 pandemic has had on the right to food, stressing, for example, that it has exacerbated and accelerated inequalities. It notes that the estimated total number of people suffering from acute hunger is predicted to double to 265 million by the end of 2020. The Report underlines the disproportional impacts of food scarcity on marginalised communities and vulnerable groups, and draws attention to the fact that food relief programmes largely fail to focus on nutritional and cultural needs.

The Report proceeds to discuss human rights in the context of the Food Systems Summit 2021, and emphasises that food systems must be part of the global plan to tackle climate change. The Special Rapporteur notes concerns raised by farmer-led social movements, unions and human rights activists regarding business interests controlling the Summit, and states that ‘allowing the business sector to dominate the Food Systems Summit endangers the future of food systems and people’s ability to fully realize their human rights’.

The Special Rapporteur also expresses concern that intense market concentration allows companies to significantly influence seed prices, which has negative impacts on the human rights of farmers.

The Report then considers the right to food in armed conflict and protracted crises, and expresses concern regarding the ongoing use of hunger and famine as a weapon in armed conflict. The Special Rapporteur highlights his intention to investigate the power of international humanitarian law and international criminal law to prevent such causes of hunger, famine and malnutrition.

The Report concludes with a series of recommendations. These include, for example, that the planning of the Food Systems Summit follows a rights-based approach.

Cultural Rights

Reports of the Special Rapporteur in the Field of Cultural Rights

Ms Bennoune presented her annual thematic report, which considered the impact of the COVID-19 pandemic on cultures and cultural rights. The report may be accessed in full here.

Ms Bennoune also presented a report on her mission to Tuvalu, which focused on the promotion and protection of cultural rights and the challenges posed by the climate emergency on cultural heritage. The report may be accessed in full here (A/HRC/46/34/Add.1).

Summary of the Special Rapporteur's report on her mission to Tuvalu

Council Resolution on the mandate of the Special Rapporteur for Cultural Rights

The Human Rights Council adopted without a vote a Resolution renewing the mandate of the Special Rapporteur in the field of cultural rights. It may be accessed here.

The island nation of Tuvalu is particularly vulnerable to the effects of climate change

The Report begins by highlighting the particular vulnerability of Tuvalu to the effects of the climate emergency, such as any change in sea level. Tuvalu, together with other low-lying Pacific islands, has consistently advocated for reductions in greenhouse gas emissions and other climate change actions and the Special Rapporteur commends this strong position.

Tuvalu’s sustainable development strategy, Te Kakeega III, is aligned with the goals of the UN sustainable development agenda. However, the Special Rapporteur considers that greater awareness-raising about human rights is needed across both the government and the country.

The Special Rapporteur also acknowledges the importance of cultural rights and practices to the people of Tuvalu, noting that culture is one of the three pillars of the Constitution. She commends the efforts of the Department of Culture for making culture a cross-cutting priority throughout Government, with particular engagement with women, who are beginning to participate more actively. The Report notes, however, that more work still needs to be done to change discriminatory cultural attitudes towards women and empower them to take a more vocal role in society.

The Special Rapporteur highlights that cultural rights are severely affected by climate change and stresses that they risk being “simply wiped out”. She adds that greater acknowledgment must be given to this in climate initiatives. Human rights, including cultural rights, have no meaning without a liveable environment, and rising sea-levels pose an existential threat to the island nation of Tuvalu and its unique culture. The Report emphasises that, whilst migration agreements have been made with neighbouring nations, migration should be the very last option.

The Report of the Special Rapporteur ends by calling for international support for the cultural survival of Tuvalu through the full implementation of State obligations under the Paris Agreement by all States parties.