Support for the realization of human rights without discrimination
ln its traditional form, public finance focuses on economic growth factors and macroeconomic
statistical variables, and usually views economic groMh as an end in and of itself. For example,
to determine budget ceilings, the Department of Budget and Management relies on a set of
macroeconomic assumptions (Gross National lncome/Gross Domestic Product (GN|/GDP),
growth rates, inflation rate, interest rates, foreign exchange assumptions) and fiscal targets
(deficit target expressed as a percent of GDP), (DBM, NBM 1 13,2012) all of which appear to be
based on some notion of "sound" public finance.
HRBA to public finance, on the other hand, looks at economic groMh "as a means towards
human development and not as an end in itself" (UN CRC, 2007) and looks to public finance to
invest in goods, services and facilities that support the realization of human rights for all. As
such, it requires public finance to be expressly linked to human rights and to ensure that public
goods, services and facilities satisfy entitlements implicit in human rights. lt is important to note
that entitlements vary depending upon the normative content of the right as ditferent rights have
different normative contents. Generally speaking, a right's normative content includes:
availability; physical and information accessibility; affordability; acceptability; and quality (See
Annex 4, Norms of Expenditure that Support the Realization of Selected Economic, Social and
CulturalRight$.
HRBA to public finance promotes the equal rights of women and men, and so requires that
fiscal policy, decision and actions carefully consider the differential impact on women, ensure
bolh de jure equality (or formalequality achieved when laws or policies treat women and men
in a neutral manner) and de facto equality (or substantive equality achieved when the effects of
laws, policies and practices do not maintain but alleviate the inherent disadvantages that
women experience), and where necessary to redress discrimination against women, to provide
temporary special measures so long as these are terminated when substantive equality has
been achieved. (UN CESCR, GC 16,2005)
HRBA to public finance also mandates that fiscal policy and actions do not discriminate against
anyone based on race, color, ethnic origin, sex, language, religion, political or other opinion,
national or social origin, birth, property, disability, age, nationality, marital and family status,
sexual orientation and gender identity, health status, place of residency, economic and social
situation, and membership-in-group.
Discrimination in public finance may take more subtle forms, such as, for example:
.
Public investments that disproportionately favor expensive water supply services and
facilities or expensive curative health services accessible only to a small, privileged
group of the population, rather than public investments on those services and facilities
that benefit a larger part of the population (UN CESCR GC 14, 2000 and GC 15, 2002),
or
A tax system structured in a way that levies a heavier tax burden on persons living in
poverty, or
Fiscal policies that disproportionately impact on those already vulnerable, such as those
that result in high inflation, which "can be harmfulto the poor, by raising prices, eroding
real wages and inhibiting growth," (Mudho, 2007) or "very low inflation (which) may
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