European financial crisis – emerging issues for women and girls Michael Windfuhr German Institut for Human Rights 11th. ICC – Biannual / Amman November 2012

Overview: Five Observations 1. European financial crises in Europe – Measures taken 2. Impact on Women and children (girls) 3. Legal base and measurement of impact 4. Current Contributions to a human rights based debate about the impact of austerity measures 5. Challenges for NHRIs Amman / ICC2 Michael Windfuhr

1. European financial crisis – measures taken 1. Government priorities in response to economic crisis  Are governments respecting, protecting and fulfilling human rights obligations?  Accountability to financial risk-taking  Human rights impact monitoring of policies is a deficit areas Amman / ICC3 Michael Windfuhr

1. European financial crisis – measures taken 2. Economic stimulus packages (Design and the way it has been developed)  Infrastructure investments  Labour market reforms  Social security and social protection  Tax policy reform in times of crisis  Effectiveness and efficiency of measures taken  Who is benefitting? Amman / ICC4 Michael Windfuhr

1.European financial crisis – measures taken. 3. Financial and policy measures as response  Budget cuts On social spending (spending) Indirect impacts (job losses etc.)  Policy reforms on labour markets (flexibilzation) on privatization – in order to gain income on improving public institutions  Fiscal and trade policy reforms Tax responses (VAT increase / reduce income and property taxes etc. Amman / ICC5 Michael Windfuhr

2. Impact on women and girls - examples Cuts in expenditures / services  Spain: 2012 budget cuts 27,3 billion € + 10 billion in health and education.  Impact accsessibilty of basic social services (schooling)  Child benefit was reduced by 10 € / per month first and second child and 20 € for any subquent child in 2011  Maternaty leave benefit was reduced in Irland in 2010 between 4.50 and 10 € and in 2011 another 8 €.  Irish family planning assocication reports that funding cuts have imparied ist capacity to deliver curcial services, particular to disadvantaged areas, while increasing numbers of women are finding themselves unable to afford sexual and reproductive health services. Amman / ICC6 Michael Windfuhr

2. Impact on women and girls - examples E.g. on education. In Irland budget was cut in 2010 bei 134 million €, 170 million in 2011 and 132 million € in 2012  immigrant girl children are particular hit. Labour market effects  unemployment rise (Ireland from 4.2 % (2005) up to 14.1% (women 15 percent increase in 2011, men 3,5 %  Increase in low standards jobs  long term impact on pensions, particular for women  Spain close to 50 % of youth (below 25) is unemployed Increase of families and children at risk for poverty and social exclusion  Spain. 25 % in general, 33 % for childern (single mother situation) in Irland 20 % of the children (1 in 13 in consistant poverty Amman / ICC7 Michael Windfuhr

2. Impact on women and girls - examles Health sector  Budget reductions are destroying particular jobs for women.  Family care (chronical ill / elderly) increaing burden for women and their impact  Greece: hosptials have no basic medication Housing  Rate of low cost dwelling in Spain covers only 35 % of poor households (72 % in EU-average). Credits as option  more than families lost access to housing (since 2007), particularly single mothers  Watiing list for social housing in Irland increased by 75 % from 2008 – 2011, particular affecting women headed households Amman / ICC8 Michael Windfuhr

3. Legel base - measurement of impact Legal base  International Covenant on ESC-Rights  CEDAW (Art. 11: discrimination in employment related isues/ Art. 13: discrimination in other areas of economic and social life) State obligations:  Respect  Protect  Fulfill – use of resources: Maximum of avialable (Art 2 ICESCR and Art. 4.2 in the CRC) Focus on most vulnerable persons / groups Take steps (immediately) Amman / ICC9 Michael Windfuhr

3. Legal base – measurement of impact Maximum of available resources  Financial resources (five aspects see below) (key debate)  What kind of resources (access to productive resources, human resources, education etc.) 1. Governments expenditures Distributional effects Effectiveness and efficiency Public services and infrastruture Participation and transparency Retrogression  Fiscal Austerity Amman / ICC10 Michael Windfuhr

3. Legal base – measurement of impact 2. Government revenue Indicators for Tax revenue mobilization Tax avoidance (incl. shadow economy) Distributive outcomes of tax regimes and proposed changes Higher tax rates and economic growth 3. (Development) Assistance 4. Debt + Deficit Financing (distributional impact) 5. Monetary Policy and Financial Regulations (inflation, exchange reserves and regulation of financial sector) Amman / ICC11 Michael Windfuhr

4. Current debate on a human rights base approach to financial crisis Human Rights based approach to economic policy making is needed  Does require to look into effects of policy measurs  Human rights impact assessments (ex ante, ex post)  Human rights risk assessments  Protecting a minimum core for particular vulnerable persons / groups Amman / ICC12 Michael Windfuhr

4. Current debate on a human rights base approach to financial crisis Example 1: UN-Committee on ESC-Rights (May 2012) Proposed policy changes and adjustments has to meet the following requirements: - first, the policy is a temprary measures covering only the period of crisis; - second, the policy is necessary and proportionate; in that sence that the adoption of any other policy, or a failure to act, would be more detrimental to ESC-Rights - third, the policy is not discriminatory; - Fourth, the policy identifies the minimum core content of rights (social protection flour) Amman / ICC13 Michael Windfuhr

4. Current debate on a human rights base approach to financial crisis Example 2. SR Magdalena Sepulveda on resources availabilty: - Governments must mobilise resources within the country to ist utmost ability - Governments expenditures must be efficient and effective - Failure to curb corruption is a failure to comply with the obligations - Funds earmarked for ESC-Rights must no be diverted to non ESC-areas and must be fully used - Governments that introduce regressive measures must show that they have used the maximum of available resources (ex ante check) Amman / ICC14 Michael Windfuhr

5. Challenges to NHRIs Enter into the debate, which is complex and needs careful capacity development Steps to be taken:  Demand participation and transparency  Document potential impacts  Human rights based analyses of policy choices Not becoming policy prescriptiv – developing human rights criteria for assessments  Tools, methods needs further debate Amman / ICC15 Michael Windfuhr

Thanks for your attention Contact:  Mail: menschenrechte.de menschenrechte.de  Fone: Amman / ICC16 Michael Windfuhr