States perceived to be highly corrupt are at the same time those with a poor human rights record. International institutions have therefore assumed a negative feedback loop between both social harms. They deplore that corruption undermines the enjoyment of human rights and, concomitantly, employ human rights as a normative framework to denounce and combat corruption. But the human rights-based approach has been criticized as vague and over-reaching.

It is a fact that states with a high corruption rate (or a high corruption perception) are at the same time those with a bad human rights situation. Beyond this coincidence, the paper seeks to identify a concrete legal relationship between corruption and deficient human rights protection. This seems relevant and practical terms, because the extant international norms against corruption have so far yielded only modest success; their implementation could be improved with the help of human rights arguments and instruments.

This paper therefore discusses a dual question:

The recovery of stolen assets is a fundamental principle of the UN Convention against Corruption (UNCAC). By including this element in the said Convention, the international community recognizes the negative impacts on countries and populations deprived of the billions of dollars that are diverted each year by their corrupt leaders and public officials.

In the past decade the prevention of corruption has been recognised as a prerequisite for sustainable and equitable development. Academics, policy-makers and activists working towards such governance reforms have come a long way in the relatively short period since corruption has been actively addressed both in the North and the South.