Chapter 4 | Page 169
Many challenges associated with fair and equitable taxations systems remain.
These include deficits in corporate taxation regimes, which allow businesses
to exploit the system through transfer pricing, tax havens and shadowy
financial centres.133 Current deficits in effective communication on taxation
and lack of international fiscal co-operation are also identified as reasons for
tax regimes’ failure to raise sufficient funds for social development and human
rights realisation.134 Both the campaign for greater tax justice at the local level
and efforts to combat international tax evasion and avoidance practices can
be regarded as part of the struggle for the realisation of human rights.135 The
fairness and equity of taxation systems can be ensured by identifying the link
between human rights obligations and taxation and the role of taxation policies
using the principles of maximum available resources, non-discrimination and
equality, and transparency, accountability and participation.136
Addressing these questions of adequacy and equity in the tax system is
essential from the perspective of ESC rights, not only because of their direct
impact on the amount of revenue the government would be able to raise, but
also because of the positive human rights implications. From this perspective,
a more equitable tax system helps address a number of social and economic
factors that lead to ESC rights violations.
4.3.4 Indicators of policy effort
Having identified several challenges associated with increasing and
maximising domestic revenue of the government, a key question that needs
to be answered is, how do we determine if States are serious about domestic
133
Wolfgang Obenland, 'Taxes and human rights' (Policy brief of the Tax Justice Network
Germany, Tax Justice Network Germany, 81.
134
Ibid.
135
Ibid.
136
Radhika Balakrishnan and Diane Elson, 'Economic Policies and Human Rights
Obligations' in Radhika Balakrishnan; Diane Elson (ed), Economic Policy and Human
Rights (Zed Books, London, 2011) 257, 20; International Council on Human Rights Policy,
Human Rights in the global economy: Report from a colloquium (International Council on
Human Rights Policy, 2010), 8.
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