Why human rights budget work is important Because human rights are/should be central to governance Because human rights are/should be central to governance Financial resources are essential to realizing all rights Financial resources are essential to realizing all rights Public budgets are an important reflection of a government’s commitment to human rights (“putting your money where your mouth is”) Public budgets are an important reflection of a government’s commitment to human rights (“putting your money where your mouth is”) Various types of budget work are powerful tools for monitoring and analyzing a government’s compliance with its rights obligations Various types of budget work are powerful tools for monitoring and analyzing a government’s compliance with its rights obligations

Different types of human rights budget work Transparency/access to information (right to information) Transparency/access to information (right to information) Participatory budget work (right to participate) Participatory budget work (right to participate) Gender budgets Gender budgets Budget work related to ES specific rights (e.g., food, health, education) Budget work related to ES specific rights (e.g., food, health, education) “Frontloading” specific rights (e.g., a “right to food” budget) “Frontloading” specific rights (e.g., a “right to food” budget) Macroeconomic policies and human rights Macroeconomic policies and human rights

Sudan – national standards related to the right to health National Constitution The State shall promote public health, establish, rehabilitate, develop basic medical and diagnostic institutions, provide free primary health care and emergency services for all citizens. The State shall promote public health, establish, rehabilitate, develop basic medical and diagnostic institutions, provide free primary health care and emergency services for all citizens. National health policy …the Government will continue to fulfil its commitments made in 2006 at the Abuja conference, Nigeria, “Financing for Development: The Abuja Commitment to Action”, to raise domestic public expenditure on the health sector to 15% of the total government expenditure. …the Government will continue to fulfil its commitments made in 2006 at the Abuja conference, Nigeria, “Financing for Development: The Abuja Commitment to Action”, to raise domestic public expenditure on the health sector to 15% of the total government expenditure.

Common problems in education Overcrowding in classrooms Overcrowding in classrooms High student : teacher ratio High student : teacher ratio Poor quality teaching Poor quality teaching Inadequate textbooks and equipment Inadequate textbooks and equipment Lower enrollment of girls Lower enrollment of girls School fees too high School fees too high N.B. Know your issue, so you know what you’re looking for in the budget!

Principal international human rights standards re: right to education International Covenant on Economic, Social and Cultural Rights (ICESCR), arts. 13 and 14 International Covenant on Economic, Social and Cultural Rights (ICESCR), arts. 13 and 14 Convention on the Rights of the Child, art. 28 Convention on the Rights of the Child, art. 28 General Comments 11 and 13 of the UN Committee on Economic, Social and Cultural Rights (CESCR) General Comments 11 and 13 of the UN Committee on Economic, Social and Cultural Rights (CESCR)

How human rights guarantees might look in a government budget (p. 1) Aspects of the right to education according to International Covenant on ESC Rights (ICESCR), art. 13/14 and Convention on the Rights of the Child (CRC), art. 28 How might this be reflected in a government’s budget (positively and negatively) UN Committee on ESC Rights: General Comment 13 - right to education Availability: functioning educational institutions and programs must be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors; likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, etc.; some will require facilities such as a library, etc. Infrastructure funds; funds for text books; funds to hire and pay teachers Accessibility: Economic: education has to be affordable to all. Primary education shall be available “free to all,” and States parties are required to progressively introduce free secondary and higher education Government revenue through schools fees of various sorts Physical: education has to be within safe physical reachInfrastructure funds for building schools in underserved areas Equality and non-discriminatory: education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination Allocations for (temporary) special measures for disadvantaged groups Geographical disparities in allocation of education funds Acceptability: form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate, of good quality); of such minimum educational standards as may be approved by the State Allocations for special provisions for culturally appropriate education

The right to education and the government’s budget Available => Available => Accessible => Accessible => Are there funds in the budget to build schools, hire teachers, buy textbooks? Is infrastructure spending being spent in areas with fewer schools? (physical) Does the government depend on revenue from school fees to such an extent that fees are set prohibitively high? (economic)

The right to education, government obligations and budget work (pp. 3-6) Questions re: obligations of conduct Questions re: obligations of result Budget work Obligation Analyzing revenueAnalyzing allocations Tracking expenditures Assessing impact of expenditures respect Is the government raising revenue in a way that will likely diminish individuals’ current enjoyment of the right to education? Are increased taxes or user fees likely to impinge on individuals’ current enjoyment of the right to education? Is the government allocating funds in a way that will likely diminish individuals’ current enjoyment of the right to education? Has the government allocated funds for programs the likely result of which is that some people’s current enjoyment of the right to education will be curtailed? Is the government expending funds in a way that will likely diminish individuals’ current enjoyment of the right to education? Have revenue increases actually interfered with someone’s prior enjoyment of the right to education? Have specific expenditures actually interfered with someone’s prior enjoyment of the right to education? protect Has the government allocated sufficient funds to ensure that supervisory bodies or regulatory agencies in the education sector can operate effectively? If properly allocated, are the regulatory agencies spending their funds in line with allocations? Are the regulatory agencies spending their funds in a way that is actually controlling third parties?

Obligations in the government’s budget “Protect” => “Protect” => Use the maximum of available => resources Use the maximum of available => resources Progressively achieve realization of the right => Progressively achieve realization of the right => Has the government adequately funded monitoring mechanisms to ensure that private schools maintain adequate standards? Is the government spending funds on non-essential projects while education needs more resources? Has the government raised school fees to such an extent that some children need to drop out of school? (= a step backwards)