Efficiency/effectiveness
Treaty monitoring bodies144 and special procedures145 have increasingly addressed issues of resource
allocation efficiency and effectiveness.
As human rights experts identified in 1987, and have since reiterated,146 ‘the obligation of progressive
achievement exists independently of the increase in resources; it requires effective use of resources
available’.147 In this regard, treaty bodies have sometimes recommended that states expand certain
ministries’ capacities to ensure effective resource-allocation.148
The CESCR now regularly urges that states improve tax-collection effectiveness in order to increase
resources available for economic, social and cultural rights.149 The Special Rapporteur on health has
recommended the state ‘administer the existing budget efficiently and mobilise additional resources,
which may include, for example, changes to the State’s taxation policy or smart incurrence of debt’.150
The Special Rapporteur on extreme poverty has stressed the importance of improving tax-collection
efficiency, including by improvements in tax administration151 and by reconsidering ineffective tax
loopholes, exemptions and waivers that disproportionally benefit society’s better-off segments152 (see
section 3.4 below).
Cooperation
Human rights monitoring bodies increasingly recognise that, when dealing with resource
mobilisation, certain states, in particular low-income states and states with high debt levels or loans,
have limited discretion to act; wealthy states and international financial institutions, as well as
transnational corporations, constrain their actions.153
Particular attention has been paid to the limited discretion that states have to effectively address
competitive tax incentives, tax evasion, tax abuse and other illicit financial flows. Therefore, special
144 See, eg, CRC, General Comment No 19, para 11; Concluding Observations Maldives CRC/C/MDV/CO/3 (2007);
Concluding Observations Armenia E/C.12/ARM/CO/2-3 (2014); Concluding Observations Democratic Republic of
Congo E/C.12/COD/CO/4 (2009).
145 See, eg, ‘Report of the Independent Expert on poverty, Magdalena Sepúlveda Carmona’ (2011), UN Doc A/HRC/17/34,
para 80; ‘Report of the Special Rapporteur on health, Anand Grover’ (2014) UN Doc A/69/299, para 20.
146 ‘Report of the Special Rapporteur on water and sanitation, Catarina de Albuquerque’ (2011) UN Doc A/66/255; ‘Report
of the Special Rapporteur on education, Kishore Singh’ (2011) UN Doc A/66/269; see also, Magdalena Sepúlveda
Carmona, The Nature of Obligations under the International Covenant on Economic Social and Cultural Rights (Intersentia
2003).
147 Limburg Principle 23.
148 Concluding Observations Armenia E/C.12/ARM/CO/2-3 (2014).
149 See, eg, CESCR, Concluding Observations Paraguay (2015) UN Doc /C.12/PRY/CO/4.
150 ‘Report of the Special Rapporteur on health, Anand Grover’ (2014) UN Doc A/69/299, para 20.
151 ‘Report of the Special Rapporteur on poverty, Magdalena Sepúlveda Carmona’ (2014) UN Doc A/HRC/26/28,
paras 56 and 57.
152 ‘Report of the Independent Expert on poverty, Magdalena Sepúlveda Carmona’ (2011), UN Doc A/HRC/17/34, para 81.
153 ‘Report of the Independent Expert on foreign debt, Juan Pablo Bohoslavsky’ (2016) UN Doc A/HRC/31/60, para 64.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents