available resources" to the full realization of the Covenant rights. Democratic self-determination
should not be treated as synonymous with the fiat of the governing elite, however : once the scrutiny
by human rights bodies focuses not only on outcomes, relating them to resources and spending
choices, but also on procedural requirements of participation, accountability and transparency, its
effect is to reinforce self-determination, not to undermine it.
It is perhaps telling that, when human rights mechanisms address States' duties under the Covenant,
they tend to refrain from imposing specific outcomes -- to increase the taxation on corporate income
by a certain amount, for instance, or to dedicate a certain percentage of the revenue to education or the
health --. Instead, they insist that budgetary decisions be adopted through a process that recognizes the
primacy of human rights. Thus, after the Committee on Economic, Social and Cultural Rights
expressed its concern about fiscal reforms introduced by the United Kingdom, such as increases of the
threshold for the payment of inheritance tax and of the rate of the value added tax, or cuts to the tax
rates of corporations, it recommended that the UK "conduct a human rights impact assessment, with
broad public participation, of the recent changes introduced to its fiscal policy, including an analysis
of the distributional consequences and the tax burden of different income sectors and marginalized and
disadvantaged groups".240 Similarly, deploring the impacts on poor families of the Welfare Reform
and Work Act enacted by the UK in 2016, the Special Procedures of the Human Rights Council
criticized the lack of credibility of the impact assessments preceding the cuts to welfare benefits,
noting that these cuts were based on often unproven assumptions and that the government had failed to
explore the full range of alternative options to ensure the sustainability of the welfare system ; and
they asked the government to indicate whether they had "consulted the individuals, groups and
families most likely to be affected by the Act".241 The implicit suggestion is that more democratic and
inclusive decision-making, better informed by impact assessments, might have led to better policies -more pro-poor, more imaginative,242 and ultimately more in line with the United Kingdom's
international commitments.
The same set of austerity measures adopted by the United Kingdom in recent years attracted strong
criticism from the Committee on the rights of persons with disabilities : after the Committee launched
an inquiry into the situation in the United Kingdom -- an exceptional procedure which, according to
240
Committee on Economic, Social and Cultural Rights, Concluding Observations on the sixth periodic report of the United
Kingdom of Great Britain and Northern Ireland (UN doc. E/C.12/GBR/CO/6, 14 July 2016), para. 17.
241
See the Allegation Letter addressed to the United Kingdom by the Special Rapporteur on adequate housing, the Special
Rapporteur on the rights of persons with disabilities, the Special Rapporteur on extreme poverty and human rights, and the
Special Rapporteur on the right to food (ref. AL GBR 1/2016, 8 April 2016). See in particular questions 5 ("What evidence is
available to demonstrate that the Employment Support Allowance for persons in the WRAG [Work Related Activity Group :
people deemed unfit to work as result of health problems or a disability] has created a disincentive for them to take steps
towards work? Further, what evidence is available to demonstrate that they would be incentivised to move towards work by
reducing the Employment Support Allowance, in view of the fact that they have been assessed not fit for work?"), 7 ("What
evidence is available to establish that your Excellency's Government has considered alternative options to the benefit cut, in
the context of the full use of maximum available resources?"), 12 ("Please indicate whether there has been an independent
reveiw and assessment of the Act and if so, provide details. Please also indicate whether the human rights of persons likley to
be subject to the benefit cut have been considered in the review / assessment and what the findings were."), and 13 ("Could
you please indicate what mechanism will be available to monitor negative effects of the Act?"). The response of the United
Kingdom was sent on 14 July 2016 (Verbal Note of the UK Mission to the United Nations in Geneva, No. 231). On these
procedural dimensions, it states simply : "As per the usual Parliamentary process, the Public Bill Committee took 6 oral
evidence sessions with a range of stakeholders representing interest groups, which are recorded in the parliamentary record.
Furthermore, an open call for evidence was held with 86 pieces of evidence submitted and considered over the course of 8
months of Parliamentary scrutiny and 26 Parliamentary sessions". The scantiness of the response on this procedural front is
in direct proportion, perhaps, to the disruptiveness of the question.
242
In what Katharine Young calls a "governance" approach to the constitution of economic and social rights (which she
contrasts with the more classic "constitutionalist" approach in which courts and the legal means of enforcement of rights are
given priority), the involvement of social actors is seens a important, in particular, to broaden our political imagination as to
how such rights might be implemented in specific settings (K. Young, Constituting Economic and Social Rights (Oxford:
Oxford Univ. Press, 2012), at 262-275). The "human rights informed" democracy envisaged here (enriched by the use of
impact assessments and indicators of progress, and including mechanisms to ensure that the voices of the poor are heard)
presents strong similarities with that "governance" approach.
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents