Applying an International Human Rights Framework to State Budget Allocations

O’Connell, Rory; Nolan, Aoife; Harvey, Colin; Dutschke, Mira; Rooney, Eoin

doi:10.4324/9780203797839

Cited by 17 publications

(9 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…This supports Young's contention that progressive realisation 'introduces a relative standard for the discharging of duties owed by the state' (Young, 2012: 101). Indeed, much of the scholarly treatment of progressive realisation has reiterated the dependant and conditional connection between rights on the one hand and resources on the other (Nolan et al, 2014: Kalantry et al, 2010: Young, 2012: O'Connell et al, 2014: Russell and Chapman, 2002. As Fakuda-Parr et al, (2015) assert: 'Inherent in the idea of progressive realization is that a government's ability 1 Article 4(2) states: 'With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and … with a view to achieving progressively the full realization of these rights' .…”

Section: Understanding Progressive Realisationmentioning

confidence: 99%

“…However, states' deployment of financial resources is perhaps the most obvious signal of a commitment to a socio-economic initiative. Indeed, it is the intersection of finance and human rights which has generated much academic scholarship (Centre for Woman's Global Leadership, 2011: Nolan, 2013: Murphy, 2017: Kendrick, 2017: O'Connell et al, 2014. Central to that work has been the recognition that given the limited nature of resources, and specifically financial resources, the application of a human rights framework to budgetary decisions can direct much needed resources into priority and high-risk areas.…”

Section: 23mentioning

confidence: 99%

See 1 more Smart Citation

Reclaiming Progressive Realisation: A Children’s Rights Analysis

Byrne

2020

Int. J. Child. Rights

View full text Add to dashboard Cite

Any discussion on children’s socio-economic rights should not overlook their means of fulfilment; namely, the principle of progressive realisation and the legal duties arising therefrom. This article argues that from a children’s rights perspective, this principle has remained legally and operationally underdeveloped by the Committee on the Rights of the Child. This can be seen from their failure sufficiently to engage with, and address, the obligations imposed by progressive realisation in their General Comments and in their Concluding Observations on state practice issued under the Convention’s reporting process. This article argues that the cumulative consequence of these failings is that the Committee has peripheralised this important legal obligation within children’s rights scholarship and has ultimately undermined its ability to achieve its full legal potential in enhancing children’s socio-economic rights. In advocating for the promulgation of a revised General Comment on the General Measures of Implementation, it demonstrates how children’s rights can meaningfully reconnect with the principle in a more consequential way.

show abstract

Section: Understanding Progressive Realisationmentioning

confidence: 99%

Section: 23mentioning

confidence: 99%

Reclaiming Progressive Realisation: A Children’s Rights Analysis

Byrne

2020

Int. J. Child. Rights

View full text Add to dashboard Cite

show abstract

“…As O'Connell explores in this issue, there are also questions as to whether the state has prioritised resources towards the realisation of rights over other projects which do not directly realise rights, or whether such resources are used, diverted to other purposes, saved and returned to the central funds. Further, the principle applies to a range of policy issues, from borrowing and debt repayment schedules to procurement and outsourcing and to whether there is an efficient use of allocated resources (Elson et al, 2013;O'Connell et al, 2014). This holistic approach is captured in the MARSTAR (see Figure 2), which depicts monetary policy, debt and deficit financing, revenue and expenditure, as well as international assistance.…”

Section: Maximising Available Resourcesmentioning

confidence: 99%

Maximising available resources: Equality and human rights proofing Irish fiscal policy

Murphy

2017

Administration

View full text Add to dashboard Cite

The paper examines various rationales for applying equality and human rights proofing mechanisms to fiscal policy. The principle of using available resources to the maximum to progressively realise human rights, and not to erode the revenue capacity of developing nations to do likewise, is at the heart of emerging human rights norms. To date, Irish budgetary processes and major policy statements such as the Commission on Taxation or the draft outline National Plan on Business and Human Rights Strategy have not engaged with the principles of maximising available resources or extraterritoriality. Proofing fiscal policy is also relevant from the perspective of fiscal welfare where taxation instruments, traditionally used as a revenue-gathering mechanism, are increasingly used as distributional mechanisms to achieve policy outcomes in pensions, health, housing and employment, with important equality and distributive dimensions, particularly from gender, age and socioeconomic perspectives. A number of practical institutional mechanisms and evaluative questions can guide equality and human rights proofing of fiscal policy, but commitments to maximise resources to realise rights also need to be promoted through a public discourse which sees taxation as potential investment in society rather than a burden or cost on the economy.

show abstract

“…43 Trata-se do dever de respeitar direitos sociais já concretizados, motivo pelo qual seus efeitos são imediatos, de forma a tutelar com eficácia os direitos previstos no PIDESC. 44 Na linguagem do CESCR e pela conclusão dela extraída pela doutrina, esse dever apresenta um caráter prima facie, 45 pois o próprio CESCR admite justificativas para as medidas retrocessivas.…”

unclassified

Proibição do retrocesso em direitos sociais: uma proposta de redefinição de sua estrutura normativa

Breyner

2019

A&C - R. de Dir. Administrativo & Constitucional

View full text Add to dashboard Cite

A adoção de reformas legislativas e constitucionais que visam reduzir os gastos relativos à garantia dos direitos sociais é comum em tempos de crise financeira e queda da atividade econômica. Trata-se das chamadas medidas retrocessivas, cuja implementação sofre resistência por meio da norma que se convencionou chamar de “princípio” da proibição de retrocesso. O artigo aponta a atualidade do tema, pois referido princípio tem servido de fundamento para decisões judiciais que invalidam medidas retrocessivas, e debate os fundamentos da construção da proibição do retrocesso, propondo uma nova categorização como metanorma baseada no Pacto Internacional sobre Direitos Econômicos, Sociais e Culturais, distinta das regras e princípios, com o que pretende contribuir com uma maior clareza em sua operacionalidade e força normativa na interpretação e aplicação das normas de direitos fundamentais sociais.

show abstract

Applying an International Human Rights Framework to State Budget Allocations

Cited by 17 publications

References 0 publications

Reclaiming Progressive Realisation: A Children’s Rights Analysis

Reclaiming Progressive Realisation: A Children’s Rights Analysis

Maximising available resources: Equality and human rights proofing Irish fiscal policy

Proibição do retrocesso em direitos sociais: uma proposta de redefinição de sua estrutura normativa

Contact Info

Product

Resources

About