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Report

Private debt and human rights: report

Issued by

Independent Expert on the effects of foreign debt

Published

03 January 2020

Report

Issued by Special Procedures

Subject

Foreign and external debt

Symbol Number

A/HRC/43/45

Background

In many countries of the world, private debt is growing fast, including not only business debt, but also consumer debt such as student loans, medical debt, micro debt, housing debt, and credit card debt. Such growth of private debt is not only a microeconomic concern, but also a macroeconomic issue.

Furthermore, private debt raises a number of concerns from a human rights perspective. It has come to the attention of the Independent Expert that private debt entraps many people in a cycle of debt and poverty, as they struggle to make loan repayments and to afford their basic needs, such as food, water, housing and electricity.

The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, Juan Pablo Bohoslavsky, prepared a thematic report to the Human Rights Council on private debt and human rights.

Inputs Received
Inputs Received

The Independent Expert invited all interested governments, civil society organisations, academic, experts, businesses, and other stakeholders to provide inputs for his next report.

The Independent Expert was particularly interested in receiving case studies, information on theoretical developments, analysis and comments on general trends, or on one or more of the following issues:

  1. What human rights concerns might arise in connection with private debt, which includes, but is not limited to:
      a) Mortgage loans;
      b) Student loans;
      c) Debt arising from out-of-pocket medical costs;
      d) Debt arising from fines and fees charged by State and local governments;
      e) Unpaid utility bills;
      f) Credit card debt; and
      g) Microfinance debt.
  • What are the implications of private debt on macroeconomic conditions and public debt? How does it affect States’ obligation to use maximum available resources to progressively realise human rights?
  • What is the impact of private debt on the enjoyment of human rights by specific groups such as women, persons with disabilities, indigenous peoples, minorities, LGBTI and other groups specially protected under international human rights law?
  • What are the consumer protection, monetary, financial, banking and bankruptcy practices and regulations that govern and should govern private debt, in order to ensure the effective protection of human rights?
  • States

    Academics

    Civil Society