Corruption Human Rights Law
We define corruption as the abuse of entrusted power for private gain. Corruption erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis. Exposing corruption and holding the corrupt to account can only happen if we understand the way corruption works and the systems that enable it.
Corruption can take many forms, and can include behaviours like:
- public servants demanding or taking money or favours in exchange for services,
- politicians misusing public money or granting public jobs or contracts to their sponsors, friends and families,
- corporations bribing officials to get lucrative deals
Corruption can happen anywhere: In business, government, the courts, the media, and in civil society, as well as across all sectors from health and education to infrastructure and sports.
Corruption can involve anyone: Politicians, government officials, public servants, business people or members of the public.
Corruption happens in the shadows: Often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder and hide their illicit wealth.
Corruption adapts : To different contexts and changing circumstances. It can evolve in response to changes in rules, legislation and even technology.
Corruption Law in India
The primary anti-corruption statute in India, the Prevention of Corruption Act, 1988 (‘PCA’) criminalises receipt of any ‘undue advantage’ by ‘public servants’ and the provision of such undue advantage by other persons.
Section 171E. Punishment for bribery. Previous Next. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only.
Impact of corruption on specific human rights
As the SDG 16 website indicates, corruption related crimes cost developing countries about $1.26 trillion annually. This waste and diversion of public funds leaves governments with fewer resources to fulfil their human rights obligations, to deliver services and to improve the standard of living of their citizens. The following discusses some of the ways in which corruption enables the violation of specific human rights. While the discussion revolves around the violation of individual (first and second generation) rights addressed by the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), in some cases such violations also impede the attainment of collective rights (third-generation). For example, when corruption violates economic and social rights, such as the right to an adequate standard of living (ICESCR art. 11), this could also hamper the attainment of the collective right to development. Another example is when corruption leads to pollution (see the Module’s discussion on the right to health), and thus violates the collective right to a clean environment. The discussion below provides several examples of ways in which corruption relates to the violation of specific human rights. The first examples relate to civil and political rights, while the subsequent ones relate to economic, social and cultural rights.
The impact of corruption is often considered to be especially pronounced regarding economic, social and cultural rights, although this is not, in fact, always the case. Economic, social and cultural rights are typically perceived as requiring a greater investment of public resources compared to civil and political rights, which are typically perceived as merely requiring States to refrain from interfering with individual freedoms. However, the realization of all categories of human rights may, in fact, require the allocation of substantial public resources. In recognition of the fact that States with resource constraints may need more time to realize economic, social and cultural rights, the ICESCR allows for a “progressive realization” of economic, social and cultural rights. This means that while States are required to take immediate measures to realize these rights, they may do so to the extent possible in light of available resources. As explained in the relevant OHCHR fact sheet:
[A] lack of resources cannot justify inaction or indefinite postponement of measures to implement these rights. States must demonstrate that they are making every effort to improve the enjoyment of economic, social and cultural rights, even when resources are scarce. For example, irrespective of the resources available to it, a State should, as a matter of priority, seek to ensure that everyone has access to, at the very least, minimum levels of rights, and target programmes to protect the poor, the marginalized and the disadvantaged.
At the same time, the realization of civil and political rights can also require considerable resources. For example, large amounts of funds are needed to maintain the judicial, law enforcement and prison systems and to ensure free and fair elections. The realization of civil and political rights can, therefore, also suffer greatly as a result of the misuse or misallocation of public funds. In addition, as the following discussion illustrates, there are other ways in which civil and political rights can be adversely affected by corruption.
Rights to equality and non-discrimination (civil and political rights)
The right to equality is referred to in all major human rights treaties (see e.g. ICCPR art. Every individual has the right to be treated equally and without discrimination by the State. The Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, defines the term discrimination as:
Any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.
According to this definition, corrupt acts are discriminatory in certain situations because they intrinsically distinguish, exclude, restrict or prefer; and have the purpose or effect of nullifying or impairing the equal recognition, enjoyment or exercise of human rights.
The right to be treated equally is violated, for example, when someone is requested to pay a bribe to obtain a public service. In this situation, those who were not asked for a bribe received better treatment, and the right to equality of the person who was asked to pay a bribe has been violated. The harm from such a violation is particularly grave when the targeted person comes from a vulnerable or marginalized group, such as social minorities, indigenous groups, irregular migrants, sexual minorities, etc. These individuals suffer disproportionately from this type of human rights violation because their position in society makes them easy targets for corruption, and they are often unable to afford the cost of the bribe (Boersma, 2012; Figueiredo, 2017; ICHRP, 2009).
The discriminatory outcomes of corrupt practices also commonly violate other human rights, such as the right to education, health and adequate housing. The rights to equality and non-discrimination are also violated when non-monetary acts of abuse of power have taken place, such as when sex or the human body is used as the “currency” of the corrupt act. Such cases of sexual corruption (sometimes associated with sextortion) are further discussed in Module 8 of the E4J University Module Series on Anti-Corruption. Another relevant topic addressed in Module 8 is the nexus between corruption and gender-based discrimination, the various ways in which gender may influence the occurrence of corruption, and how corruption can have gendered impacts by affecting men and women differently. Module 8 also addresses the role that gender mainstreaming and diversity, more generally, can play in mitigating corruption.
Rights to a fair trial and an effective remedy (civil and political rights)
The right to a fair trial is a fundamental human right which is essential for safeguarding the rule of law (ICCPR arts. 14-15). It incorporates the principle of equality, which underpins the administration of justice. The right to a fair trial encompasses an extensive series of procedural rights, including an independent and impartial tribunal, equality of arms, access to a court, and the presumption of innocence. The right to a fair trial is closely related to the right to an effective remedy, because no remedy is effective without equality before the law and fair judicial procedures (ICCPR art. 3).
Corruption in the judicial sector damages the right to a fair trial, as corruption erodes the independence, impartiality, and integrity of the judiciary. The lack of independence of judges, prosecutors and lawyers directly harms the right to a fair trial. It limits the effective and efficient administration of justice as well as the credibility of the entire justice system (see related discussion and references in Module 14 of the E4J University Module Series on Crime Prevention and Criminal Justice). When corruption interferes with the appointment of judges and in court proceedings, for example, it violates the impartiality of the judiciary and the fair trial rights of defendants (ICHRP, 2009, pp. 37–38). Individuals are also deprived of equal access to justice when public officials demand bribes as a condition for accessing the judicial system or to speed up a court service (Boersma, 2012, p. 208).
The impact of corruption in the judiciary can extend beyond individual cases, by undermining other rights, fostering impunity among corrupt actors, and diminishing trust in the justice system (which in turn can lead to more corruption, see Figueiredo, 2017). One of the core functions of the justice system is to promote and protect the human rights of all individuals in society. If human rights have been violated, the justice system can play a critical role in identifying those violations and protecting individuals’ human rights. However, this can only be accomplished when the justice system functions properly and is transparent, accountable and free of corruption. In societies that have high levels of corruption, a justice system that upholds the right to a fair trial may be critical for safeguarding the host of human rights that are adversely affected by corruption in society
Rights of political participation (civil and political rights)
Political participation has been described as the “hallmark of democracy” (UNHRC, 2015, para. 4). Rights to political participation include the right to participate in public affairs and exercise political power, and formulate policy at all levels of the State; the right to vote and be elected; and the right to equal access to public service positions (see e.g. ICCPR art. 25). States have the obligation to adopt positive measures to ensure the full, effective and equal enjoyment of these rights. States must also protect the related freedoms of expression, information, assembly, and association. Corrupt practices can have a detrimental effect on all aspects of political participation. For example, vote-buying is a violation of the right to vote, because it restricts the free choice of citizens and affects the electoral process by undermining its legitimacy (Pearson, 2013, p. 55). Another example, related to the right to be elected, is when electoral commissioners prevent someone from registering as a candidate for office, because of a bribe they received, or because they are trading in influence, i.e. abusing their influence to ensure that another person is elected with the expectation of receiving an undue advantage from that person. A third example relates to the right to equal access to public service positions. This right can be violated whenever positions in the public service are obtained through corrupt means, such as bribing the person in charge of hiring or through nepotism (Bacio-Terracino, 2008, p. 18). The right to have equal access to public service positions implies that admission to public jobs should respect equality and general principles of merit.
World Culture and Environment Protection Commission is an inter government organization. We are here to protect the culture and environment with the help of magical human being.