of an approach that aims to respond to the most urgent needs, without addressing the deeper
causes of the inability of the poor to climb out of poverty and graduating out from short‐term
support measures.
In addition, it is perfectly possible for a State to ensure an adequate level of fulfilment of human
rights even though it dedicates less than the ratio of 5 % to total GDP to social priority issues, the
ratio suggested by the UNDP if countries want to "do well in human development" (UNDP 1991: 40).
From the point of view of the individual's rights, the outcomes matter ‐‐ more than the means that
serve to produce such outcomes. Where, for example, a smaller percentage of the total GDP goes to
education in State A than in State B, but education is both more affordable and of better quality in
State A than in State B, should we consider that State B complies with the requirements of the right
to education, when State A does not? Perhaps the total GDP per capita is significantly higher in State
A, so that in absolute terms, the public spending per pupil in State A is higher than in State B ; or
perhaps there is a large network of private schools in State A, that the parents can afford to fund
themselves because of high average incomes, combined with subsidies for children from low‐income
families. Should we care more about the results achieved, or about whether the efforts deployed by
the State correspond to the resources available, and are therefore commensurate with its capacity to
fulfil rights? One might be tempted to think that the notion of "progressive realization" of economic
and social rights "to the maximum of [each State's] available resources", as prescribed by article 2(1)
of the Covenant, bridges the conceptual gap between obligations and result and obligations of
means, by requiring from States not that they achieve certain results (by whichever means they see
fit), but that they dedicate a sufficient share of the resources at their disposal to move towards the
full realization of economic and social rights, in a never‐ending quest for improvement. Yet, apart
from the fact that this would provide no indication as to which share is "sufficient", it does not take
into account that beyond a certain level of enjoyment, the financing of economic and social rights
has a decreasing marginal utility, which sheds doubt on the usefulness of setting fixed percentages of
public expenditure (or of a country's total incomes): in a country where access to all levels of
education is free and where the educational services follow high standards, is it still justified to
demand that any increase in GDP results in a proportionate increment in the sums dedicated to
education?
There is third limitation to the approach pioneered by the UNDP in its 1991 Human Development
Report. It is that how much is spent on supporting the realization of economic and social rights ‐‐
whether in absolute terms or as a proportion of the country's GDP or public budget ‐‐ would only be
indicative of the seriousness of its efforts towards fulfilling such rights once such expenses are
related to the source of State revenues. When the Special Rapporteur on the right to food visited
Brazil, he praised the country for increasing the levels of social spending from 11 per cent of the total
public budget in 1995 to 15 per cent in 2007, and for dedicating 1 per cent of the budget to the
"Hunger Zero" program alone. But he then added that the tax system in Brazil was highly regressive,
due to the importance of value added taxes (basically hurting the poor more than the rich in
proportion of their respective incomes) and the low rate of property taxes. His conclusion was that,
'while the social programmes developed under the “Zero Hunger” strategy are impressive in scope,
they are essentially funded by the very persons whom they seek to benefit, as the regressive system
of taxation seriously limits the redistributive impact of the programmes. Only by introducing a tax
reform that would reverse the current situation could Brazil claim to be seeking to realize the right to
adequate food by taking steps to the maximum of its available resources' (De Schutter 2009: para.
36).
These are some of the difficulties encountered by recent attempts to use public budget analysis in
order to assess compliance with the requirements of economic and social rights. Such attempts have
grown in importance over the past decade. In 2004, the International Human Rights Internship
Program and other organizations published Dignity Counts, intended as a guide to use budget
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction