the terms of the Optional Protocol to the Convention on the Rights of Persons with Disabilities,243 can
only be triggered when the Committee receives "reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention"244 --, it found in October 2016 that this
high threshold had indeed been reached.245 The conclusions included a broad, but vague,
recommendation that the UK "[e]nsure that public budgets take into account the rights of persons with
disabilities, that sufficient budget allocations are made available to cover extra costs associated with
living with a disability and that appropriate mitigation measures, with appropriate budget allocations,
are in place for persons with disabilities affected by austerity measures".246 But the procedural
recommendations are the more precise and, perhaps, the most actionable. They include a requirement
that the United Kingdom "[c]onduct a cumulative impact assessment of the measures adopted since
2010 [...] on the rights to independent living and to be included in the community, social protection
and employment of persons with disabilities", which should be "rights-based and meaningfully
[involve] persons with disabilities and their representative organizations"247 ; that the government
"[a]ctively consult and engage with persons with disabilities through their representative organizations
and give due consideration to their views in the design, implementation, monitoring and evaluation of
any legislation, policy or programme action related to the rights addressed in the present report"248;
and that it "[s]et up a mechanism and a system of human rights-based indicators to permanently
monitor the impact of the different policies and programmes relating to the access and enjoyment by
persons with disabilities of the right to social protection and an adequate standard of living, the right to
live independently and be included in the community and the right to work, in close consultation with
persons with disabilities and their representative organizations".249
Such procedural mechanisms go beyond ensuring democratic decision-making, based on the regular
holding of elections : they involve the search for a deeper and more inclusive type of democracy, in
which affirmative measures are taken to ensure that the poorest and most marginalized groups of the
population have their views taken into account, and in which democratic politics is not just about
institutions and procedures, but also about concrete outcomes. To borrow from a distinction of
Sanskrit jurisprudence revived by Amartya Sen, this involves moving from electoral niti, in which
attention is paid only to institutional fitness, to democratic nyaya, which involves critically examining
the implications in terms of substantive justice of particular arrangements.250 It is not any kind of
democracy, but a form of democracy informed by human rights, and because it is inclusive, forced to
pay attention to the outcomes on the most marginalized groups.
VII. Conclusion
This inquiry started as an attempt to clarify the meaning of the duty of States parties to the
International Covenant on Economic, Social and Cultural Rights to dedicate the 'maximum available
resources' to the progressive realization of economic, social and cultural rights. It closes with a plea
for budgetary decision-making procedures that are based on participation, accountability and
transparency, involving in particular the poorest groups of the population in setting priorities.
The substantive and the procedural dimensions of the inquiry are mutually supportive. In 2004, the
International Human Rights Internship Program and other organizations published Dignity Counts,
intended as a guide to use budget analysis to advance human rights, using the analysis of health243
Opened for signature in New York on 13 December 2006 by GA Resolution 61/206, in force since 3 May 2008 (2518
UNTS 283).
244
Article 6 of the Optional Protocol.
245
Committee on the Rights of Persons with Disabilities, Inquiry concerning the United Kingdom of Great Britain and
Northern Ireland carried out by the Committee under article 6 of the Optional Protocol to the Convention. Report of the
Committee, UN doc. CRPD/C/15/R/2/Rev.1 (6 October 2016), para. 113 ("there is reliable evidence that the threshold of
grave or systematic violations of the rights of persons with disabilities has been met in the State party").
246
Committee on the Rights of Persons with Disabilities, Inquiry, cited above, para. 114, d).
247
Id., para. 114, a).
248
Id., para. 114, g).
249
Id., para. 114, j).
250
Amartya K. Sen, The Idea of Justice, cited above note 156, 20-21 and 348-350.
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