68
Balakrishnan et al. (2011), supra note 29, at p.23.
69
Balakrishnan et al. (2009), supra note 67, at p. 38. See also Center of Concern and others (2012), A Bottom
Up Approach to Righting Financial Regulation (reflecting the increased efforts of ESC rights organizations
to address the human rights impacts of biased financial regulation), available at: http://www.cesr.org/
downloads/Why%20is%20a%20Human%20Rights%20Approach%20Needed.pdf
70
See e.g. Rights & Democracy (2011), Getting it Right: Human Rights Impact Assessment Guide; Human Rights
Impact Resource Center Website, ‘Home’, at: http://www.humanrightsimpact.org/home/. HRIAs have also
gained prominence in the context of the work of the Special Representative of the Secretary General on
the issue of human rights and transnational corporations and other business enterprises, Professor John
Ruggie, who has called on businesses to conduct human rights ‘due diligence’, a process of identifying,
preventing and mitigating adverse human rights impacts and for accounting for their performance.
Efforts to develop methodologies for corporate business human rights impact assessments noted by the
Special Representative include initiatives by the Danish Institute for Human Rights and the International
Finance Corporation, among others.
71
See e.g. Walker, S. (2009), The Future of Human Rights Impact Assessments of Trade Agreements, School of
Human Rights Research Series, Volume 35, Intersentia; FIDH (2008), ‘Human Rights Impact Assessment of
Trade and Investment Agreements concluded by the European Union’, Position Paper.
72
de Schutter, O. (2011), ‘Draft Guiding Principles on human rights impact assessments of trade
and investment agreements’, at para.26, available at: http://www.srfood.org/images/stories/pdf/
otherdocuments/20110701_draft-guiding-principles-on-hria.pdf.
73 Id., at para. 27.
74 Id., at para. 30.
75 Id., at para.18.
76
OHCHR, Indicators Report 2011, supra note 37, at para. 19.
77
See Davis, K., Kingsbury B., & Engle Merry, S (2010) Indicators as a Technology of Global Governance, I.I.L.J.
Global Administrative Law Series Working Paper 2010/2; Rosga, A., & Satterthwaite, M. (2009), ‘The Trust
in Indicators: measuring human rights’, Berkley Journal of International Law, vol.27, no.2, 253-315; Engle
Merry, S (2009), ‘Measuring the World: Indicators, Human Rights, and Global Governance’, Presentation to
the American Society of International Law, Panel on Indicators (May 13, 2009).
78 CESR and ICEFI (2009), Rights or Privileges? Fiscal Commitment to the Rights to Health, Education and Food in
Guatemala (Executive Summary). Full report published in Spanish as ¿Derechos o Privilegios? El compromiso
fiscal con la salud, la educación y la alimentación en Guatemala. For a more detailed explanation of
the application of the OPERA framework in the ‘Rights or Privileges?’ study, see Applying the OPERA
Methodological Framework: A case study of the fiscal commitment to the rights to health, education and food
in Guatemala, which complements the brief overview of the four-step process given in this paper.
79
United Nations Viet Nam Website, ‘Human Rights & the Human Rights Based Approach’, at http://www.
un.org.vn/en/what-we-do-mainmenu-203/cross-cutting-themes-human-rights.html.
80
See, e.g., United Nations Global Pulse Website, ‘The New Data Landscape’, at: http://www.unglobalpulse.
org/blog/new-data-landscape
Assessing compliance with the obligation to fulfill economic, social and cultural rights
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