Chapter 3 | Page 136
rights perspective; and budget analysis and ESC rights’.175 Budget analysis
takes various forms. Some analyses focus on the overall budgetary allocations
for ESC rights in general, while others focus on specific rights. Some budget
analysis methods focus on particular sectors of society, such as children,
women or indigenous people. Budget analysis can be conducted for a given
time period, for a given year or for a period indicating what is referred to as
dynamic budget analysis.176
Another approach, proposed by Cingranelli and Richards, is a composite index
of State ‘effort’ in fulfilling social and economic rights that takes into account
the dimensions of willingness and ability.177 This approach compares the level
of achievement in countries with similar resource constraints but does not
clearly assess the level of achievement of ESC rights in any given State.
Anderson and Foresti argue the importance of assessing not only the amount
of resources available, but also the amount of resources needed for ESC rights
realisation.178 Hence, costing exercises would have to be used to assess a
government’s compliance with its obligation to realise the given ESC right.179
The importance of costing human rights is also highlighted by Steenbergen
who asserts, that in order for budget allocation to be identified as an indicator
of State efforts to allocate resources for human rights, it is necessary to identify
the resource requirements for the realisation of these rights.180 It is also argued
175
Aoife Nolan, 'Putting ESR-Based Budget Analysis into Practice: Addressing the
Conceptual Challenges' in Aoife Nolan, Rory O'Connell and Colin Harvey (eds), Human
Rights and Public Finance: Budgets and the Promotion of Economic and Social Rights
(Hart Publishing, Oxford, 2013) 42.
176
How budgetary decision-making impacts the ESC rights and the application of budget
analysis tools to the process are covered in detail by Rory O'Connell et al, Applying an
International Human Rights Framework to State Budget Allocations: Rights and Resources
(Routledge, 2014).
177
David L Cingranelli and David L Richards, 'Measuring Government Effort to Respect
Economic and Social Human Rights: A Peer Benchmark' in Shareen Hertel and Lanse
Minkler (eds), Economic Rights: Conceptual, Measurement, and Policy Issues (Cambridge
University Press, Cambridge, 2007).
178
Edward Anderson and Marta Foresti, 'Assessing Compliance: the Challenges for
Economic and Social Rights' (2009) 1(3) Journal of Human Rights Practice 469-476, 472.
179
180
Ibid.
Victor Steenbergen, A Guide to Costing Human Rights (equalinrights, The Hague, 2011),
<http://www.equalinrights.org/uploads/tx_wizzresources/EIR_VS_2011_Costing_
Guide.pdf>, 11.
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