Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights
11.2. HUMAN RIGHTS NORMS IN TAX POLICY
Tax policy has many goals. From a human rights perspective, the most central are to provide the
resources for fulfilling ESCR, to fight inequality by redistributing economic gains fairly and to foster
accountability between governments and their people. Tax policy should also: stimulate inclusive
economic growth and encourage job creation and investment in the economy; be sustainable, without
relying on donor funding; be efficient and cost-effective in how it raises revenue; and be characterized
as enjoying integrity, with fair and enforced rules that are respected by all people.
What are the priorities from a human rights perspective? Tax policy has serious implications for
the enjoyment of a number of specific rights, as well as a direct impact on equality and nondiscrimination. It is also a key pillar of democratic accountability.
Tax justice advocates refer to the “four Rs” of taxation. As outlined below, each is relevant to human
rights:
• Revenue mobilization is relevant for maximum available resources. Tax policy should mobilize
sufficient revenue for a government to invest in realizing ESCR for all.
• Redistribution is relevant for equality and non-discrimination. Tax policy should serve to
redistribute gains fairly, without discriminatory effects on particular groups. Particular priority
should be given to improving the situation of the most disadvantaged.
• Representativeness is relevant for accountability, transparency and participation. The public
should have access to easy-to-understand information about tax policy, tax revenues collected
and tax shares paid by different groups and actors (e.g. different income groups; corporations).
People, especially the most disadvantaged, should be involved in the tax policy process and it
should take into account their expressed desires, needs and rights.
• Re-pricing is relevant for regulating behaviour that is detrimental to human rights (e.g. penalties
against pollution, transaction tax on high-frequency trading).
This chapter focuses primarily on revenue mobilization and redistribution.
11.3. EVALUATING WHETHER THE TAX POLICY IS MAKING
SUFFICIENT RESOURCES AVAILABLE
Relevant indicators for determining whether the State’s fiscal policy is mobilizing the sufficient amount of
resources to meet its human rights obligations are set out in the table below.
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Indicator
Potential data source
Government revenue as a percentage of GDP
World Bank World Development Indicators; OECD
Tax revenue as a percentage of government revenue
Finance ministry
Tax effort (the ratio between the actual tax collection
and taxable capacity)
International Monetary Fund (IMF)
Volume of illicit financial flows
Global Financial Integrity
Corporate tax revenue as percentage of total tax
revenue
Finance ministry
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