The Limburg Principles – widely accepted by human rights monitoring bodies – note that: ‘28. In the
use of the available resources due priority shall be given to the rights-realisation recognised in the
Covenant, mindful of the need to assure to everyone the satisfaction of subsistence requirements as
well as the provision of essential services.’
Important principles of international law support this principle. First, human rights treaties are
binding on States Parties and these must meet their obligations in good faith.87 Second, states cannot
invoke domestic law as a justification for failing to meet a treaty’s terms.88
The obligation to accord ‘due priority’ to economic, social and cultural rights implementation leaves
states a wide discretionary margin for deciding how to allocate available resources and has proved to
be an extremely difficult obligation for international monitoring bodies to supervise.89 In reviewing
state reports, the CESCR often simply asks states to raise budget percentages devoted to the social
sector90 or indicate that the respective state has not prioritised its duties under the ICESCR.91
The CRC has also explicitly requested states prioritise budgetary allocations for implementing
children’s economic, social and cultural rights, in both its General Comment No 19 and in
several concluding recommendations.92 It also recommends that states specify the amount and
proportion of the state budget spent on children’s rights, in order to allow evaluations on the
impact of such expenditure.93 In the same vein, some special procedures have recommended that
states reallocate government expending from military expenditure to spending on social sectors
(eg, education and health).94
87
Art 26 Vienna Convention on the Law of Treaties: ‘Every treaty in force is binding upon the parties to it and must be
performed by them in good faith.’
88
Art 27 Vienna Convention on the Law of Treaties: ‘A Party may not invoke the provisions of its internal law as justification
for its failure to perform a treaty.’
89
Already in 1995, a CESCR member noted ‘if States Parties appearing before the Committee were to be asked what their
priorities were, the Committee should ask itself whether it had the expertise to judge those priorities and whether or
not it was qualified to judge a Government’s political choices. In a fully democratic society, which the Covenant was
supposed to guarantee, how could the Committee challenge what the people demand?’ Adekuoye in E/C.12/1995/
SR.22, para 50.
90
See, eg, Concluding Observations Equatorial Guinea E/C.12/GNQ/CO/1 (2012), para 13; Concluding Observations
Uganda E/C.12/UGA/CO/1 (2015); Concluding Observations Seychelles CRC/C/SYC/CO/2-4 (2012); Concluding
Observations Thailand CRC/C/THA/CO/3-4 (2012), para 20.
91
See, eg, Concluding Observations the former Yugoslav Republic of Macedonia E/C.12/MKD/CO/2-4 (2016), para 15.
92
See, eg, Concluding Observations Guinea-Bissau CRC/C/GNB/CO/2-4 (2013), para 9.
93
See, eg, Concluding Observations Cyprus CRC/C/CYP/CO/3-4 (2012), para 16.
94
‘Report of the Independent Expert on international order, Alfred de Zayas’ (Exploring the adverse impacts of military
expenditures on the realisation of a democratic and equitable international order) (2014) UN Doc A/HRC/27/51, para
45; ‘Report of the Independent Expert on poverty, Magdalena Sepúlveda Carmona’, (2011) A/HRC/17/34, para 81.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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