Applying the HRBA Public Finance Framework to Public Expenditures Applying the HRBA framework to public expenditures provides guidance as the country seeks to answer two key questions: o . What should the Philippines spend on in order to progressively realize human rights for all, especially those most vulnerable? How much should the country spend to realize human rights and how should the Philippines arrive at the amount it should spend? Human Rights Norms of Expenditure What the Philippines should spend on to progressively realize human rights, or norms of expenditure consistent with human rights, may be derived from (a) the 1987 Constitution, (b) the country's legally binding treaty obligations, (c) the nature and levels of the country's human rights obligations, and (d) the normative content of human rights. Social justice and the eradication of poverty are the twin imperatives of the 1987 Constitution, thus mandating that public money should be spent primarily to "free the people from poverty" and promote social justice. These imply that Philippine spending should be biased towards those living in poverty and should primarily focus on education, job creation, agricultural productivity, social security and assistance, housing, water and sanitation, and health. When the Philippines ratified the major international human rights treaties, it agreed to bring to life all the rights contained in the treaty and to conform its conduct and achieve the results required by the norms in the treaty. These are legally binding on the Philippines, for the Philippine Supreme Court has said that "(a) treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties ... ." (Tanada v. Angara, 1997) For the Philippines to comply with these legally binding obligations, it must spend on goods, services and facilities to achieve (see Annex 3, Treaty Obligations Related to Public Finance), for example: . . . . . o o . o o . 66 provision of technical and vocational guidance and training programs; reform of the agrarian system; reduction of stillbirth-rate and infant mortality rate; improvement of all aspects of environmental and industrial hygiene; The prevention, treatment and control of epidemic, endemic, occupational and other diseases; Compulsory free primary and secondary education; Effective remedies for any person whose rights or freedoms are violated; A penitentiary system which aims at reformation and social rehabilitation; The adequate development and protection of indigenous peoples; The practical application of the principle of equality of men and women; The elimination of discrimination against women by any person, organization or enterprise; The The The The

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