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C E N T E R F O R WO M E N ' S G LO B A L L E A D E R S H I P
• Governments that introduce regressive measures, such as cuts in expenditure
on ESCR, must show that they have used the maximum of available resources
to avoid taking such a step.
• Governments must do all they can to secure international assistance where
national resources are inadequate to realize ESCR.
Her conclusion points to the importance of resource mobilization, as well as of
expenditure policy and international assistance.
Olivier de Schutter, the Special Rapporteur on the Right to Food, in his 2009
report on Brazil, draws attention to the role of taxes in fulfilling the obligation to
using the ‘maximum available resources’:
The tax structure in Brazil remains highly regressive. Tax rates are high for
goods and services and low for income and property, bringing about very
inequitable outcomes. [ … ] 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 aspect 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. 9
The human rights community has recognized the importance of government
revenues, including taxation and official development assistance, to the concept of
maximum available resources. Economists would agree that resource availability
for realizing human rights depends on expenditure, aid and taxation, but also point
to the possibility of borrowing and running a budget deficit. Some economists
refer to this as the ‘fiscal space diamond.’10 The four points of the diamond are
expenditure reprioritization and efficiency; domestic resource mobilization
through taxation and other revenue raising measures; foreign aid grants (Official
Development Assistance); and deficit financing. In addition, we add the monetary
space which depends on central bank policies. These policies influence the interest
rate, exchange rates, foreign exchange reserves, reserves in the banking sector,
and the regulation of the financial sector. The monetary space also influences the
resources available to realization of ESCR; for instance through its impact on the
level of employment and the utilization of productive resources. When central
bank policy does not support full employment, this reduces available resources.
We consider, among other issues, how fiscal and monetary policy decisions
influence the resources available for realizing rights and how policy instruments
can be used in ways that are in compliance with human rights principles, such
as non-discrimination, progressive realization, participation, transparency and
accountability. The concept of maximum available resources requires further
development in order to challenge the unequal distribution of material resources,
and re-imagine the role of the state not only as an efficient administrator of
existing resources, but as an institution that mobilizes resources to meet core
human rights obligations.