A/HRC/17/34/Add.2
of society. Reductions in public expenditure affect the poorest and most vulnerable with the
most severity, whereas some increase in taxation rates could place the burden on those who
are better equipped to cope. It is critically important that Ireland adopt taxation policies that
adequately reflect the need to harness all available resources towards the fulfilment of its
economic, social and cultural rights obligations, while avoiding measures that might further
endanger the enjoyment of human rights by those most at risk. By increasing its tax take,
Ireland would decrease the need for cuts to public services and social protection, and
thereby help to protect the most vulnerable from further damage.
25.
Taxation reform that comes in the form of cuts, exemptions and waivers may also
disproportionately benefit the wealthier segments of society, and discriminate against those
living in poverty. In this respect, the independent expert welcomes some of the policy
commitments in the PGNR that would ensure progressive taxation.20
26.
The independent expert welcomes the efforts of the new Government to seek a
reduction of the interest rate of the EU/IMF loan. A reduction in the interest rate would
increase the funds available to Ireland to protect those most in need. The independent
expert reminds member States of the European Union that, according to their obligations
under the International Covenant on Economic, Social and Cultural Rights, they must do
everything possible to ensure that their lending policies do not have a detrimental impact on
the enjoyment of the Covenant’s rights by those living in poverty in the concerned
country.21 She calls on members of the European Union to seriously consider acceding to
Ireland’s request for a reduction in the interest rate.
B.
Ensuring minimum essential levels of economic, social and cultural
rights
27.
As a State party to the International Covenant on Economic, Social and Cultural
Rights, Ireland has an immediate minimum core obligation to ensure the satisfaction of, at
the very least, minimum essential levels of all economic, social and cultural rights.22
28.
This principle obliges Ireland to ensure that any programmes or policies which are
integral to delivering essential services (e.g. health care and social assistance) are protected,
to the greatest extent possible, from reduced expenditure. In this context, reductions to
disability services, community and voluntary services, and Traveller supports, as well as
cuts to social protection, all have the potential to impede the delivery of essential services
to the most vulnerable.
29.
Even during times of severe resource constraints, Ireland must demonstrate that
every effort has been made to use all resources that are at its disposal, in an effort to satisfy,
as matter of priority, minimum essential levels of human rights.23
C.
Avoiding deliberately retrogressive measures
30.
Deliberately retrogressive measures that affect the level of enjoyment of economic,
social and cultural rights are, prima facie, a violation of the Covenant.24 In this context, the
20
21
22
23
24
8
PGNR, p. 16.
See for example, CESCR general comment No. 14, para. 39.
CESCR, general comment No. 3, para. 10.
E/C.12/2007/1, paras. 4 and 6; see also CESCR, general comments No. 3, para.12; No. 12, para. 28;
and No. 14, para. 18.
See for example, CESCR, general comments No. 3, para. 9; and No. 4, para.11.