Viet Nam Human Rights
Corruption and Human Rights
7/4/20
International human rights mechanisms, including the Human Rights Council, have paid increasing attention to the negative impact of corruption on the enjoyment of human rights and made numerous recommendations to Member States with the aim to prevent and suppress corruption.
Depending on the level, pervasiveness and form of corruption, corruption can have devastating impacts on the availability, quality and accessibility – on the basis of equality – of human rights-related goods and services. Moreover, it undermines the functioning and legitimacy of institutions and processes, the rule of law and ultimately the State itself.
Disadvantaged groups and persons suffer disproportionately from corruption. They are often more reliant on public goods and services and have limited means to look for alternative private services. They typically have fewer opportunities to participate in the design and implementation of public policies and programmes and lack the resources to defend themselves and seek reparations.
Those involved in efforts to investigate, report, prosecute and try corruption are at heightened risk of human rights violations and require effective protection.
Corruption exists in all countries, irrespective of the economic or political system and their level of development, in the public and private spheres. It is a transnational phenomenon requiring international cooperation, including in the recovery of stolen assets.
While acts tainted by corruption can constitute human rights violations, corruption itself is best seen as a structural obstacle to the enjoyment of human rights.
At the same time, anti-corruption efforts need to comply with human rights standards, otherwise they lose their legitimacy.
Human rights standards, principles and mechanisms provide additional entry points to complement anti-corruption efforts.
OHCHR promotes a human rights-based approach to anti-corruption, an approach that puts the international human rights entitlements (the “rights-holders”) and the corresponding obligations of the State (the “duty-bearer”) in the centre of the anti-corruption debate and efforts at all levels.
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All comments [ 20 ]
Corruption is high on the human rights and development docket.
In fact, countries with high rates of corruption are the ones with a poor human rights record.
Corruption is not a technical term; it is typically not considered a criminal offence in criminal codes around the world, and it also does not have a legal definition in international treaties.
Such abuse may happen on the level of day-to-day administration and public service (petty corruption) or on the high level of political office (grand corruption).
Liberal human rights may also be undermined by corruption.
Corruption in the administration of justice endangers the basic rights to judicial protection, including the right to a fair trial without undue delay.
Corruption is an enormous obstacle to the realization of all human rights – civil, political, economic, social and cultural, as well as the right to development.
Corruption violates the core human rights principles of transparency, accountability, non-discrimination and meaningful participation in every aspect of the life of the community.
These principles, when upheld and implemented are the most effective means to fight corruption.
The potential of human rights law and human rights approaches in efforts to counter corruption is less often examined.
Human rights are rights inherent to all human beings regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Corruption affects human rights both directly and indirectly.
Corruption in the criminal justice system can violate the right to a fair trial in a specific context, but also contributes to an environment in which other human rights abuses can occur with impunity: mass arrests and detention, and inhuman or degrading treatment or even torture of suspects.
Good governance and human rights are mutually reinforcing objectives, based on core principles of participation, accountability, and transparency.
Realisation of human rights, including the right to information, freedom of expression and opinion, freedom of assembly and association, and independence of judiciary – creates an enabling environment for efforts to prevent and remedy corrupt practices.
A focus on human rights, meanwhile, increases Inclusiveness of anti-corruption efforts and encourages a more systematic response to corruption.
While anti-corruption instruments focus on suppression of corruption through criminalisation and place emphasis on the perpetrators, human rights law takes a victim-centred approach.
Tensions between human rights and anti-corruption arise when the process of detecting, investigating and prosecuting corruption infringes on the right to a fair trial, the presumption of innocence, the right to property and the right to privacy.
While certain corrupt practices are prohibited by criminal and administrative law, human rights law provides a complementary legal framework for addressing corruption and for increasing international attention on its effects on human rights.
One critique of the ways in which human rights bodies typically engage with corruption is that their references lack specificity.
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