its own threshold as to the resources it needs to mobilize and spend in order to realize
human rights for all.
Available resources are not limited to budgetary appropriations and resources in the
public sphere. Rather it refers to real resources in the economy that can be mobilized
by the State through fiscal and economic policies.
The concept of 'fiscal space' denotes the maximum resources available to government
for the realization of rights. The total space is influenced by five policy options: (i)
expenditure reprioritization and efficiency, (ii) domestic resource mobilization through
taxation and other revenue sources, (iii) foreign assistance, (iv) deficit financing, and (v)
monetary and central bank policies. (Roy et al,2OO7; Balakrishnan et al, 2011) The first
three points are well-discussed in the public finance and human rights literature. Deficit
financing is a critical policy tool for mobilizing maximum resources but has been
studiously de-emphasized since the debt crisis of the 1980s and the neoliberal reforms
that came after. A reconsideration of deficit financing is in order. While related to public
finance, monetary policies are outside the scope of this paper.
The obligation to mobilize maximum available resources is accompanied by three
principles:
o
Avoidance of retrogressive measures. The principle of non-retrogression
refers to the avoidance of any deliberate act or omission that reduces the
enjoyment of economic, social and cultural rights whether regression was an
unintended or unwanted consequence. A reduction in public spending on
maternal health care resulting in an increase in maternal and child mortality is
an example of a retrogressive measure. ln the absence of compensatory
measures, such a measure constitutes a violation of human rights.
o
Satisfaction of the minimum essential levels of human rights. Minimum
essential levels of each of the rights guaranteed by the ICESCR, or core
obligations, must at all times be satisfied. Core obligations refer to, for
example, essential foodstuffs (right to adequate food), essential primary
health care (right to highest attainable standard of health), basic shelter and
housing (right to adequate housing), and most basic forms of education
(right to education), Core obligations are non-derogable: they must be
complied with under a//circumstances.
.
Respect, protect and fulfill human rights. The obligation to respect human
rights is immediate and unconditional and requires the State to refrain from
interfering with the enjoyment of human rights; the obligation to protect
human rights requires the State to prohibit others from violating human
rights; and the obligation to fulfill human rights requires the State to actively
create conditions aimed at achieving full realization of human rights.
(Maastricht Guidelines, 1 997).
Shared control over the country's available resources. Public finance is traditionally
maintained as a closed space, reserved for a select few of the country's financial
managers, with little opportunities for people's meaningful participation. HRBA to public
finance seeks to broaden the space for public participation and, in so doing, promote