28/33 Towards better investment in the rights of the child - Report of the United Nations High Commissioner for Human Rights

GE.14-24699 (E)



Human Rights Council Twenty-eighth session

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the High

Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights, including

the right to development

Towards better investment in the rights of the child

Report of the United Nations High Commissioner for Human Rights

Summary

The present report sets out the obligations of States to invest adequately in the

rights of children, in accordance with the Convention on the Rights of the Child. It

considers the different stages – of the budget process – preparation, allocation, spending

and monitoring – and provides a framework for a human rights-based approach to

budgeting. It includes examples of good practices and a number of recommendations to

ensure that adequate resources are devoted to the realization of the rights of children in

all countries, regardless of the income level of the State.

Contents

Paragraphs Page

I. Introduction ............................................................................................................. 1 – 2 3

II. Investment in children: overview ............................................................................ 3 – 6 3

III. International legal framework ................................................................................. 7 – 23 4

A. Right to equality and non-discrimination ....................................................... 14 – 15 5

B. Best interests of the child ............................................................................... 16 – 17 6

C. Right to survival and development ................................................................ 18 – 19 6

D. Right to participation ..................................................................................... 20 – 23 6

IV. Generating revenue for the realization of children’s rights ..................................... 24 – 30 7

V. Child rights-based budgeting and spending ............................................................ 31 – 51 9

A. Budget preparation and formulation ............................................................... 31 – 33 9

B. Budget enactment and the allocation of resources .......................................... 34 – 36 9

C. Budget execution: implementation and spending ........................................... 37 – 39 10

D. Accountability: monitoring, evaluation and audit ........................................... 40 – 51 11

VI. Role of the private sector ........................................................................................ 52 – 53 13

VII. Obligations of international assistance and cooperation ......................................... 54 – 56 14

VIII. Examples of good practice ...................................................................................... 57 – 65 15

IX. Conclusions and recommendations ......................................................................... 66 – 67 16

I. Introduction

1. The present report is submitted to the Human Rights Council pursuant to resolution

25/6, in which the Council requested the Office of the United Nations High Commissioner

for Human Rights (OHCHR) to prepare a report on the theme of towards better investment

in the rights of the child, in close collaboration with relevant stakeholders, including States,

the United Nations Children’s Fund (UNICEF), other relevant United Nations bodies and

agencies, relevant special procedures mandate holders, regional organizations and human

rights bodies, civil society, non-governmental organizations, national human rights

institutions and children themselves, and to present it to the Council at its twenty-eighth

session.

2. Contributions were received from States, national human rights institutions and non-

governmental organizations.1

II. Investment in children: overview

3. A lack of sufficient, effective, inclusive and efficient public spending on children is

one of the main barriers to the realization of the rights of the child. Relevant policy and

legislative commitments remain empty promises unless Governments generate and

equitably allocate adequate resources for their implementation in their local and national

budgets, and ensure effective and efficient use of resources.

4. Equitable, continuous and broad-based investment in children can level the playing

field by providing every child with the same opportunities for survival and development.2

Inadequate investment, especially in the most vulnerable and marginalized, can perpetuate

the intergenerational transmission of poverty and inequality, leading to irreversible negative

impact on children’s development.3

5. Research shows that investment in children accrues considerable returns. It

generates short-term positive benefits and cumulative long-term gains, delivering benefits

not only to the individuals themselves but also to society and the economy at large; for

example, improving equity in health outcomes has been found to contribute directly to

economic growth.4 It has been estimated that achieving the Millennium Development Goal

targets on water and sanitation could yield a total annual economic benefit of $84 billion.5

Investment in pre-school enrolment has been found not only to benefit individual children,

for example in terms of higher future wages, but also to have public benefits in terms of

enhanced welfare, crime savings and tax revenues.6 Investment in quality, equitable

1 For more information, see

www.ohchr.org/EN/Issues/Children/TowardsInvestment/Pages/Towardsabetterinvestmentintherightso

fthechild.aspx.

2 A/68/257, para. 73.

3 Ibid., para. 74.

4 See Nicholas Rees, Jingqing Chai and David Anthony, “Right in Principle and in Practice: A Review

of the Social and Economic Returns to Investing in Children” (UNICEF, 2012) 32.

5 Guy Hutton and Laurence Haller, Evaluation of the costs and benefits of water and sanitation

improvements at the global level (2004, WHO) in Rees, Chai and Anthony, “Right in Principle and in

Practice (see footnote 4), p. vii.

6 Patrice L. Engle et al, “Strategies for reducing inequalities and improving developmental outcomes

for young children in low-income and middle-income countries”, The Lancet (2011) vol. 378, No.

9799.

education benefits individuals, communities and countries: it saves lives, improves

nutrition, reduces child, early and forced marriage, and leads to more equal, respectful and

open societies.7

6. Regardless of how profitable these returns are, investment in children must be

viewed through the lens of the rights of the child rather than be driven by any development

benefit. The goal must be investment in the rights of children, in addition to investment in

children. As the General Assembly emphasized in the annex to its resolution S-27/2 entitled

“A world fit for children”, investing in the rights of children lays the foundation for a just

society, a strong economy and a world free of poverty.

III. International legal framework

7. The Convention on the Rights of the Child places an obligation on all States parties,

including the international community, to mobilize and allocate resources in order to invest

in children. It recognizes that it is only through government budgets that services to

children, such as health, education, and social protection, are delivered and children’s rights

realized.

8. According to article 4 of the Convention on the Rights of the Child, States parties

are required to undertake all appropriate legislative, administrative and other measures for

the implementation of the rights recognized in the Convention. Whatever their economic

circumstances, therefore, States parties must take all possible measures towards the

realization of the rights of the child.8 Article 4 also recognizes that social, economic and

cultural rights can be particularly resource intensive; in relation to such rights, States parties

must therefore take such measures to the maximum extent of their available resources and,

where needed, within the framework of international cooperation.

9. Two important points must be made in this regard. First, article 4 of the Convention

on the Rights of the Child does not relieve States parties of the obligation to realize the civil

and political rights of children immediately. This includes, for example, the right to birth

registration (art. 7), the right not to be separated from parents (art. 9), the right to

participation (art. 12) and the right to protection from violence (art. 19), which all have

resource implications: implementation of these rights requires legal frameworks, capable

and appropriately resourced institutions and mechanisms to support children whose rights

are violated. Resources must immediately be allocated to making such rights a reality,

regardless of the economic situation of the country.

10. Second, while recognizing that the social, economic and cultural rights of children

may not be able to be immediately realized by all States parties, article 4 imposes specific,

measurable, obligations on them by requiring that the “maximum extent of their available

resources” be focused on achieving these rights. This does not imply that poorer countries

may avoid their responsibilities; rather, it should be understood as a call for the

prioritization of children within the State budget to ensure appropriate levels of service

delivery.9 States parties that claim resource constraints must prove that every effort has

been made to move towards the full enjoyment of these rights as a matter of priority, and

7 Plan International, “Financing the right to education”, briefing paper, 2014. Available from

http://plan-international.org/files/global/briefing-paper-financing-the-right-to-education.pdf.

8 CRC/GC/2003/5, para.8.

9 Enakshi Ganguly Thukral, “Budget for Children”, in Aoife Nolan, Rory O’Connell, Colin Harvey,

Human rights and Public Finance: Budgets and the Promotion of Economic and Social Rights

(Inbunden, Hart Publishing, 2013).

that they are truly unable, rather than unwilling, to meet these obligations.10 Moreover, the

Convention imposes an immediate obligation on States parties to take targeted measures to

move as expeditiously and effectively as possible towards the full realization of economic,

social and cultural rights.11 In its general comment No. 15, the Committee on the Rights of

the Child emphasized the importance of assessment tools in the use of resources and the

need to develop measurable indicators to monitor and evaluate progress in the

implementation of such rights.12

11. In 2007, the Committee on the Rights of the Child dedicated its day of general

discussion to the theme “Resources for the rights of the child: responsibility of States” to

foster a deeper understanding of the contents and implications of the Convention in relation

to investment in children. The Committee noted the concept of “minimum core obligations”

of States, which are intended to ensure, at the very least, the minimum conditions under

which one can live in dignity. All States parties, regardless of their level of development,

are required to take immediate action to implement these obligations as a matter of priority.

12. The obligation to progressively realize economic, social and cultural rights entails

the prohibition of retrogression without strong justification. States parties must avoid

measures that directly or indirectly lead to steps backward in the enjoyment of rights,

except where this is fully justified by reference to the totality of children’s rights and in the

context of the full use of maximum available resources.13 In times of financial austerity, any

proposed policy change or adjustment must be temporary, covering only the period of

crisis; proportionate, in that the adoption of any other policy or a failure to act would be

more detrimental to children’s rights; and non-discriminatory, and comprise all possible

measures to support social transfers and mitigate inequalities that can grow in times of

crisis; and ensure that the rights of the disadvantaged and marginalized individuals and

groups are not disproportionately affected.14

13. In all matters concerning the rights of the child, States parties must uphold the

human rights principles and standards of universality, indivisibility, accountability,

transparency and the rule of law, as well as taking into account the importance of

intergenerational justice. Furthermore, all rights under the Convention on the Rights of the

Child, including article 4, must be in full conformity with the general principles of the

Convention, namely non-discrimination, the best interests of the child, the right to life,

survival and development and the right of the child to express his or her views.

A. Right to equality and non-discrimination

14. Pursuant to article 2 of the Convention on the Rights of the Child, in developing

fiscal policy instruments, including taxation and public budgets, States parties to the

Convention must ensure equal opportunities for the realization of rights for all children

without discrimination of any kind. In particular, States should foster sustainable and

inclusive economic development so that the benefits are reflected in all segments of society.

While global progress has been made on many fronts as a result of the Millennium

Development Goals, these achievements mask huge disparities between rich and poor,

10 A/HRC/26/28, para.26.

11 See Aoife Nolan, “Economic and social rights, budgets and the Convention on the Rights of the

Child”, International Journal of Children’s Rights, No. 21 (2013), p. 248.

12 CRC/C/GC/15, para. 107.

13 Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 9.

14 Open letter from the Committee on Economic, Social and Cultural Rights addressed to States parties

to the International Covenant on Economic, Social and Cultural Rights, 16 May 2012.

urban and rural, and different ethnic groups and genders. Today, more than 70 per cent of

the world’s poorest people, including children, live in middle-income countries, but they

have not necessarily benefited from the increase in national income. Indeed, recent research

suggests that inequality is twice as high among children as the general population. 15

15. It is the responsibility of Governments to analyse and take into account the diversity

and varying vulnerabilities of children in all parts of their territory, and design and

implement responsive programmes and budgets. States parties must mobilize and allocate

resources to improve the situation of marginalized and vulnerable groups of children.

B. Best interests of the child

16. Children’s rights, and those of future generations, must be a primary consideration

in the planning and execution of all fiscal policies and budget decisions. A rights-based

approach must underpin the mobilization, allocation and spending of public resource, and

human rights should be at the heart of all decisions. Child rights impact assessments and

evaluations must be conducted so that the likely impact of decisions on children’s rights is

understood and how far the best interests of the child has been taken into account during

decision-making.

17. In particular, where resources are limited, children’s rights should be prioritized in

budgetary allocations, and resources for the implementation of children’s rights should be

the last to be cut in times of economic austerity. Within this allocation, preference should

be given to funds directed towards the most marginalized and vulnerable groups of children

and families.

C. Right to survival and development

18. States have an obligation to prioritize budget allocations and the effective use of

resources for interventions with a direct incidence on child survival and development.

Essential interventions to enhance child survival include services for pregnant mothers and

during childbirth, mother and child health-care services, nutrition enhancement measures

and access to clean water, particularly in the early stages of the child’s life.

19. States must also collect and report regularly on indicators of child survival and on

the resources they are allocating to accelerate the reduction in child mortality, as well as

additional resource allocations they progressively invest to expand opportunities for child

development.

D. Right to participation

20. A child rights-based approach recognizes that children are not only beneficiaries of

government programmes but also must be active participants in policy and budgetary

processes. Article 12 of the Convention on the Rights of the Child enshrines the right of

children to form an opinion and participate in issues that affect them, and give due weight

to their opinions. As the Committee on the Rights of the Child clarified in its general

15 Save the Children, Born Equal: How reducing inequality could give our children a better future,

(London, 2012), p. vi.

comment No. 5, appearing to “listen” to children is relatively unchallenging; giving due

weight to their views is what requires real change.16

21. In 2014, a non-governmental organization, Save the Children, undertook

consultations with children on their views on investment in children. Involvement in the

budgeting process was a key issue of concern for the majority of children, who explained

that they were well-positioned to advise Governments because they understood the impact

of this spending on their lives. They believed that all levels of government, including those

at the local, regional and national levels, should include the views of children from diverse

ages and backgrounds in their decision-making.

22. The right of children to participation should be enshrined in law and be present

throughout the entire budgeting process, with all parts of government. Children’s

participation in budget setting, spending and monitoring should be meaningful and ensure

that they are consulted and informed throughout the entire budgeting process, and their

voices are heard and taken into account on an equal basis with those of adults. This should

be formalized at all levels, from national to community level. To facilitate children’s

participation, States need to ensure that child-friendly, age-appropriate and safe processes

and mechanisms are in place where children can articulate their views and

recommendations. Save the Children found that children themselves emphasized that

facilitators should ensure that children are not coerced or manipulated but give their views

voluntarily, and that consultations are conducted at a time and in a location that is

appropriate for children.

23. The participation of children requires the entire budgeting process to be open,

transparent and accountable, and that adequate information be provided in a child-friendly

manner. Fiscal and policy information must be published in a format that is easy to

understand and sufficiently disaggregated to enable children and other stakeholders to

identify and track budget line items intended to benefit children. Listening to children is

both an end in itself and a way in which States can ensure that actions on behalf of children

are sensitive to the implementation of children’s rights.17

IV. Generating revenue for the realization of children’s rights

24. An essential part of improving investment in children’s rights is strengthening

revenue-raising through a human rights-based approach. Efficient, effective and

accountable mechanisms for mobilizing and equitably using existing public resources

should be established. The requirement in article 4 of the Convention on the Rights of the

Child to take measures “to the maximum extent of available resources” requires that actual

current resources and potentially available ones be taken into account to determine the

State’s efforts to mobilize resources. At its annual day of discussion in 2007, the

Committee on the Rights of the Child concluded that resources must be understood in both

qualitative and quantitative terms: they include technological, economic, human, natural

and organizational resources, as well as financial resources.

25. States must take tangible measures to mobilize domestic resources in order to realize

children’s rights under the Convention fully. Such measures include tax collection,

responsible borrowing and ensuring an enabling environment for inclusive national growth

and productivity, as well as attracting international investment and international financial

16 CRC/GC/2003/5.

17 CRC/GC/2003/5.

and technical cooperation and assistance in a way that promotes the realization of children’s

rights.

26. Taxation is the most sustainable and predictable source of financing for the

provision of goods and services, allowing for long-term, sustainable strengthening of

systems.18 The more a State can rely on domestic rather than external resource mobilization

for its financing, the more it will be able to sustain implementation of its development

strategies and policies that are responsive to the needs of its people and accountable to

them.19

27. States need to make their best efforts to expand tax revenue collection by, for

example, broadening the tax base, closing tax loopholes and promoting international

cooperation to avoid tax evasion, as well as by enhancing equity in revenue collection,

including by actively pursuing technical assistance to strengthen public administration

capacity in this area. Strong tax policies must be accompanied by the administrative and

institutional capacity to collect taxes fairly and efficiently.18

28. The level of income generated and the process through which income is generated

have an impact on the realization of children’s rights. Revenue collection is a critical tool in

tackling and redressing systemic discrimination; States should set up a progressive taxation

system with real redistributive capacity that preserves, and progressively increases, the

income of poorer households. 20

29. In addition, Governments have the responsibility of ensuring that tax policy does not

perpetuate inequality or worsen the situation of poor families. Taxation schemes as a whole

should not be regressive, and any taxes with a regressive effect must be avoided or their

impact mitigated. Actions or omissions by the State must not discriminate, either directly or

indirectly, against any individual or group, or perpetuate inequality. According to the

Special Rapporteur on extreme poverty and human rights, in order to redress structural

inequalities, States should evaluate the differential impact of existing and proposed fiscal

policies on different groups, in particular those who suffer from structural discrimination.21

Periodic child impact assessments of fiscal and tax policies may assist Governments to

ensure that they do not undermine the progressive realization of children’s rights.

30. Ineffective taxation systems can limit the resources available for the fulfilment of

children’s rights. States should therefore develop and implement effective laws and

regulations to obtain and manage revenue flows from all sources, ensuring transparency,

accountability and equity. 22

According to estimates, international crime, corruption, and tax

evasion cost the developing world $946.7 billion in 2011. 23

Globally, illicit outflows

represent as much as 4 per cent in lost GDP;18 it is furthermore assumed that developing

countries lose more income owing to the existence of international tax havens, illegal

capital flight and lack of transparency in the international economy than the amount they

receive in foreign aid. 24

A State that does not take strong measures to tackle tax abuse and

illicit financial flows cannot be said to be devoting the maximum available resources to the

realization of economic, social and cultural rights.25

18 Save the Children, Tackling Tax and Saving Lives (London, 2014).

19 A/HRC/26/28, para. 52.

20 A/HRC/26/28, para. 16.

21 Ibid., para. 17.

22 CRC/C/GC/16, para. 55.

23

See Dev Kar and Brian LeBlanc, Illicit Financial Flows from Developing Countries: 2002-2011

(Global Financial Integrity, Washington DC, 2013).

24 Save the Children, Investment in children – investment in everyone (London, 2014), p. 5.

25 A/HRC/26/28, para. 60.

V. Child rights-based budgeting and spending

A. Budget preparation and formulation

31. Economic policies are never neutral in their effect on children’s rights,26 and it is

important that, in preparing a national, regional or local budget, government officials are

fully aware of the potential impact of their decision-making on children. Officials must take

a life-cycle approach to budgeting for children, taking into account their evolving needs at

different ages to ensure that public spending for children is relevant and appropriate for

children of each age category. By using a child rights lens and a life-cycle approach, States

can better ensure that public investments made today will create long-lasting impact on

future growth, sustainable development and social cohesion..

32. At the planning stage, officials must not only estimate projected expenditure but also

advise policy makers on the feasibility and desirability of specific budget proposals from a

macroeconomic and microeconomic perspective. Such advice, and the decisions made as a

result, must be based on empirical evidence. For this reason, in order to implement a rights-

based approach to public budgeting that adequately benefits children successfully, it is

necessary that timely, comprehensive and disaggregated data be collected to inform

resource planning, allocation and spending. Such data will help Governments to ensure that

children’s issues feature prominently in national and sector development strategies and that

budget decisions are responsive to all children while balancing their interests with those of

other marginalized population groups.

33. Budget preparation must be comprehensive, transparent, participatory and realistic.

Where possible, an annual budget should be prepared with a multi-year perspective so that

service providers for children are able to engage in long-term planning to ensure continued

service provision for them and other marginalized groups. When considering budget

proposals, officials should have available a review of the expenditure execution of the

previous yearly budgets and the impact that this has had on children and other marginalized

groups. Governments should provide specific, time-bound indicators in the budget with

regard to the progress that they are hoping to make, to ensure that programmes are being

assessed and managed effectively, and are achieving their desired aim.

B. Budget enactment and the allocation of resources

34. When enacting a budget, States must ensure that the achievement of children’s rights

is a primary consideration, and that children are prioritized in resource allocation. This

prioritization should not, however, have an adverse impact on the rights and interests of

others groups of people, particularly those who are marginalized. Although resource

allocation and deciding which policies and programmes to fund are political decisions,

States should at all times take into consideration their obligations relating to children’s

rights, the principles of non-discrimination, the best interests of children, child survival and

development, and child participation.

35. A detailed budget helps different stakeholders to see how much a Government

allocates to budget line items that have a direct impact on children, such as education,

health, civil registration and vital statistics, child protection and the running of the general

child rights infrastructure, such as children’s ombudspersons. No Government can claim to

be fulfilling children’s rights to the maximum extent of its available resources unless it is

26 CRC/GC/2003/5, para. 52.

able to identify the proportion of its budgets allocated to children, both directly and

indirectly.27 This does not imply that there should be a separate budget for children, but

rather that budgets should be presented in such a way that specific allocations to children

can be identified.

36. Each government department should incorporate children’s issues into their

respective portfolios, and reflect their commitment to children’s rights through

corresponding policy orientation and budgetary allocation.28 There is a need for continuity

and coordination between different ministries and at the different levels of government. In

many States, essential services for children are provided at a local rather than a federal

level, and States must ensure that devolved authorities have the necessary financial, human

and other resources to discharge their responsibilities effectively. States should establish

safeguards to ensure that decentralization or devolution does not lead to discrimination in

the enjoyment of rights by children in different regions. 29 Where powers are delegated,

States should ensure that officials at lower levels of government are aware of children’s

rights and how these must be taken into account in fiscal decision-making.

C. Budget execution: implementation and spending

37. While adjustments in budgets are often necessary, large discrepancies might indicate

that the budget was unrealistic and not based on systematic assessment; that funds have

been directed away from the programmes for which they were intended; that implementing

agencies have failed to reach the beneficiaries targeted; or that there are significant

administrative or treasury problems affecting budget execution. The actual expenditure of a

budget is an indicator of the fulfilment of its commitment, as laid out in its budget

allocation.

38. In the process of public spending, States should ensure that all children, and in

particular those who are most vulnerable and marginalized, are reached. Wherever possible

during in-year spending and in delivery of public services, children and other community

members should be engaged to ensure the participation, ownership, accountability and

sustainability of interventions. To facilitate community engagement, spending information

should be made public available in a timely manner, and public accountability and

oversight mechanisms, feedback and complaint processes should be put in place to allow

for more effective citizen engagement and to strengthen transparency and accountability.

All officials should be appropriately trained on how to respect, protect and fulfil children’s

rights.

39. Child-sensitive budget planning, monitoring and expenditure tracking is important to

allow for an assessment of whether the amounts allocated are used for their intended

purpose. A robust budget classification system that allows the tracking of spending along

administrative, economic, functional, and programmatic lines is important. States are

encouraged to use appropriate tools, such as a public expenditure tracking survey that can

examine the manner, quality and timing of expenditures. This would also help to identify

problems in service delivery such as delays, leakages, discrimination and bureaucratic

bottlenecks that may result in ineffective or inefficient public spending on children.

Children should be included in this budget analysis and expenditure monitoring to

27 CRC/GC/2003/5, para. 51.

28 See Shaamela Casseim et al, Are Poor Children Being Put First? Child Poverty and the Budget 2000

(Cape Town, Institute for Democracy in South Africa, 2000), p. vii.

29 CRC/GC/2003/5, para. 41.

understand and shape national and subnational budget plans, and monitor expenditure to

track its correlation with the plans made.

D. Accountability: monitoring, evaluation and audit

40. To ensure that budgeted resources reach children on time, Governments should

strengthen their public finance management systems and ensure accountability for public

resources. Such systems should ensure not only that the money has been spent in the

intended manner, but also that it has been used efficiently and effectively to achieve its aim.

Corruption and mismanagement deprive children of the right to have access to services

essential for their survival and development and, broadly, the enjoyment of their rights.

Effective remedies should be put in place to address the mismanagement of public funds.

Fighting corruption and reducing waste at all levels of public spending should be a priority

for States.

41. Financial oversight should be implemented through a variety of mechanisms,

including internal accountability through parliamentarians, government ministries and

ombudspersons; external bodies, such as independent human rights institutions; and citizen-

led social accountability mechanisms, such as social audits, scorecards and participatory

budget monitoring involving student councils and children’s parliaments. A supreme audit

institution should be established as an independent body to scrutinize the use of public

funds. Governments should then submit timely annual accounts to the institution, and

engage in peer review mechanisms between and among Governments. International and

regional human rights mechanisms, such as the universal periodic review, the special

procedures and the treaty bodies can also hold States accountable for investment in

children.

42. Adequate budget planning and equitable allocation and spending require adequate

data and information and support systems. Governments should collect comprehensive

disaggregated data on children from civil registration, vital statistics and other relevant

sources that inform planning. Public financial management systems should ensure that

information on planned and spent budget on children and excluded and marginalized

groups is visible, easily extractable and interpretable.

43. Budget analysis and monitoring must be a sustained endeavour, showing

longitudinal results rather than simply a one-time project.30 The information that is

produced should be used as the basis for budget planning and formulation in the following

years. There should be a continued process of evaluation, considering outputs and

outcomes. Child rights-based indicators should be developed and used as benchmarks to

evaluate appropriately the effectiveness of programmes, and the public should be able to

see comparisons between estimated beneficiaries of interventions and actual outcomes. This

should be informed by empirically based statistical analysis and participatory mechanisms

allowing children, young people and adults to provide feedback and contribute to the

monitoring of service standards.

44. Child-sensitive participatory budget initiatives can benefit from linking children

with adult governance structures and public budget accountability mechanisms across all

levels, creating networks between and among citizens and civil, economic and political

society actors. A collaborative approach between duty-bearers and civil society actors –

30 Enakshi Ganguly Thukral, “Budget for Children”, in Aoife Nolan, Rory O’Connell and Colin Harvey,

Human rights and Public Finance: Budgets and the Promotion of Economic and Social Rights

(Oxford, Hart Publishing, 2013).

such as children’s clubs – can be a useful way to involve children in budgeting processes

and support State institutions in planning and exercising their own budgetary monitoring

functions.

1. Transparency and participation

45. Transparency at all stages of the budget cycle, including budget allocation and

spending, both internally and externally, is crucial to effective accountability. As the

Committee on the Rights of the Child emphasized during its day of general discussion in

2007, internal transparency requires that information on revenues and expenditures be

available to all governmental bodies conducting impact assessments on how major

spending decisions are likely to affect children’s rights. External transparency obliges the

Government to ensure that the budget is open and available to all stakeholders, including

civil society. All public resources (including contingency funds and earmarked resources)

and spending should be taken into account, including at all levels of government, so that a

broad overview of all available resources and use of funds for children can be achieved.

46. Budget documents should be available and accessible to the public in a timely

manner. A child-friendly citizen’s budget should be produced, with information sufficiently

disaggregated to enable children and other stakeholders to identify and track budget line

items intended to benefit children. States should act proactively to help children to

understand the budget and its implications for them. Information on budget allocations and

choices should be made available in a comprehensible, easy-to-understand and child-

friendly manner, but also be linked to more detailed explanations to provide a simple access

point for those who want to know more.31

47. Not only is transparency vital for accountability; it also enables and enhances

participation. Without access to information, it is difficult for citizens to hold Governments

to account, and to participate in policy and budgetary processes. It is the responsibility of

Governments to create a supportive and enabling environment for the participation of all

citizens, including children, in accordance with article 12 of the Convention on the Rights

of the Child. To ensure the existence of a supportive environment, States must guarantee

children’s civil rights and freedoms, including the rights to freedom of expression,

association and peaceful assembly, and ensure that the development of their citizenship

skills are guaranteed in practice, including through civic education and financial literacy

programmes. States should facilitate consultation with children, including those from

vulnerable groups, at every stage of the budgeting process. This is in line with States’

human right obligations, and creates the opportunity for feedback to learn and progressively

improve the design and implementation of the budget.

48. Governments should develop a direct relationship with children that goes beyond the

active advocacy role that civil society and human rights institutions play for and on behalf

of children.32 Consultations between children and executive bodies should be conducted at

the time of budget formulation; with parliamentarians, to empower them in their oversight

role of budgeting processes; and through the implementation stage, as a complement to

other internal and external accountability processes.

2. Child rights impact assessments and evaluations

49. In addition to strengthening their public finance management systems and ensuring

accountability for public resources, States must create mechanisms for systematic

31 Vivek Ramkumar and Isaac Shapiro, Guide to Transparency in Government Budget Reports

(Washington DC, International Budget Partnership), p. 19.

32 CRC/GC/2003/5, para. 12.

assessment of the impact of fiscal policies and budgets on the realization of children’s

rights. The Committee on the Rights of the Child, in its general comment No. 5, called for

States to undertake ex-ante and ex-post child impact assessments and evaluations of budget

and fiscal processes so that the likely impact of decisions on children’s rights may be

understood and how far the best interests of the child has been a primary consideration in

decision-making. This should complement ongoing monitoring and evaluation of the

impact of laws, policies and programmes on children’s rights.33

50. States should undertake regular child rights impact assessments that assess the

impact of any proposed law, policy or budgetary allocation on children and the enjoyment

of their rights, and child impact evaluations, to assess the actual impact of

implementation.34 These assessments should be both static, to analyse individual budgets,

and dynamic, to compare the allocation of budgets over time and consider variations in

allocations and spending over different periods.35

51. Impact assessments and evaluations should consider the rights of all children

affected by a particular decision, and include consideration of the differential impact of

measures on certain categories of children who suffer from discrimination, marginalization

or exclusion. To guarantee an impartial and independent process, the State should consider

appointing an external actor to lead the assessment process; however, the State, as the party

ultimately responsible for the result, must ensure that the actor undertaking the assessment

is competent, honest and impartial.36 The analysis should result in recommendations for

amendments, alternatives and improvements and be publicly available.37

VI. Role of the private sector

52. While States have the primary responsibility to respect, protect and fulfil children’s

rights, the private sector can also play an important role. It can promote the strengthening

and advancement of the realization of children’s rights: stimulate inclusive growth and

create decent jobs; enhance access to essential services; develop innovations to address

human and sustainable development challenges; apply expertise and resources to improve

the lives of those most in need; and reduce environmental footprints.38 However, the

realization of children’s rights is not an automatic consequence of economic growth. States

must ensure that the activities and operations of the private sector do not have an adverse

impact on their ability to realize the investment needed to implement children’s rights

fully.39

53. Illicit financial flows and tax evasion are critical barriers for States to the

mobilization of resources for the realization of children’s rights. The Taxation and Customs

Union of the European Union estimates that up to one trillion euros are lost to tax evasion

and tax avoidance in the European Union every year40 – money that could have been used to

provide essential services, including to fulfil the rights of children. States have a

33 Ibid., para. 45.

34 CRC/C/GC/14, para. 35.

35 A. Nolan, “Economic and social rights” (see footnote 11), p. 248.

36 CRC/C/GC/16, Para. 81.

37 Ibid., para. 80.

38 Save the Children, Framework for the Future - Ending poverty in a generation (London, 2014).

39 See A/HRC/17/31 and CRC/C/GC/16.

40 European Commission, Taxation and Customs Union, “Estimates put the loss at up to €1 trillion a

year” (

http://ec.europa.eu/taxation_customs/taxation/tax_fraud_evasion/a_huge_problem/index_en.htm).

responsibility to ensure that non-State actors, including the private sector, respect children’s

rights as set out in the Convention on the Rights of the Child. Global partnerships are

needed to tackle illicit financial flows and tax avoidance through international cooperation.

States should develop an international agreement on the multilateral automatic exchange of

tax information, commit to and implement a public register of beneficial ownership

information for companies and trusts, and require public country-by-country reporting for

multinational companies.41

VII. Obligations of international assistance and cooperation

54. The obligation under article 4 of the Convention on the Rights of the Child to use all

available resources to implement children’s rights goes beyond those in the national

context, and extends to those available from the international community through

international assistance. Countries with resource constraints have the responsibility to seek

international cooperation and assistance to ensure the widest possible enjoyment of the

rights of the child. States should ensure that they have explored all opportunities to secure

access to funding and expertise through international cooperation, including official

development assistance, grants and technical assistance. Where States raise funds through

borrowing or loans, this should be achieved under the best financial terms possible, on the

basis of the principles of responsible borrowing, to ensure sustainable financing for

children. States should also ensure that they have rules and standards in place for

responsible lending and borrowing by any government entity at any level, and oversight

mechanisms for their enforcement. When signing international financial agreements, which

may include conditions relating to budget allocations, States must give due consideration to

the impact that the agreement may have on children, and protect critical expenditures for

them.

55. Conversely, the realization of children’s rights must be recognized as a shared

responsibility of developed and developing countries. When States ratify the Convention on

the Rights of the Child, they accept the obligation to implement its provisions within their

jurisdiction. They also accept to contribute, through international cooperation, to the global

implementation of the Convention, recognizing that some States will not be able to achieve

the full realization of economic, social and cultural rights unless other States in a position to

assist do so.42

56. Donors must take a child rights-based approach to the allocation and utilization of

official development assistance. When a State makes decisions about granting a loan, either

as an individual Government or as a member of an international financial institution, it

should consider its human rights obligations when imposing conditions on fiscal policies so

they do not jeopardize the rights of children in the recipient State or undermine that State’s

ability to use maximum available resources to realize economic, social and cultural rights.43

States must prioritize responsible lending and borrowing, and ensure that international trade

and economic transactions advance sustainable development and children’s rights.44

41 Save the Children, Framework for the Future (see footnote 38).

42 CRC/GC/2003/5, para. 7.

43 A/HRC/26/28, para. 33.

44 Save the Children, Framework for the Future (see footnote 38).

VIII. Examples of good practice

57. Since 2000, the HAQ Centre for Child Rights has undertaken budget for children

work in India, disaggregating the various heads of account in the overall union and State

budgets to show the allocations made specifically for programmes that benefit children, and

determine how changes in financial allocation have an impact on their lives. Following this

approach, in 2008, the Government of India announced a separate statement on children in

the Finance Bill, and now provides itemized information in its budget on provisions for

expenditure on schemes that are aimed at the welfare of children.45

58. The Office of the Children’s Commissioner for England has undertaken a child

rights impact assessment of budget decisions, with the aim of identifying the impact of

budgetary decisions on the realization of children’s rights in England. The assessment

comprises an analysis of the impact of tax, tax credit and welfare benefit changes, as well

as changes to spending on public services, and disaggregates its findings according to

children in different types of families.46

59. From 2009 to 2013, Germany undertook a comprehensive evaluation of marriage

and family-related benefits, including the target of “child promotion and well-being”.

Within the framework of the evaluation, most of the State’s marriage and family-related

benefits were revisited to determine what contribution they made to children’s well-being.

A basic concept for measuring the well-being of a child was developed and also used in

evaluating the benefits.

60. In Nicaragua, a “friends of children” network of municipal Governments was

established, comprising 81 per cent of all municipalities. Children engage with the network

to develop and resource policies on children based on their own analysis of available

information. In just over eight years, their participation has helped to bring about an

average 92 per cent increase in municipal investment in children in the municipalities

concerned.47

61. In the United Republic of Tanzania, Save the Children has supported children in

establishing more than 900 children’s councils in seven districts. More than 25,000 children

come together to learn about their rights and influence national and local decision-makers.

In preparation for the 2011/2012 budget, children met with district officials to present their

budget priorities, and their participation helped to increase budget allocations to benefit

school feeding programmes, the construction of hostels to enable students to attend

secondary education, and the recruitment of additional teachers.48

62. In Nepal, the Ministry of Local Development has implemented a framework for

child-friendly local governance, including additional block grants for child-friendly

spending and enhanced coordination and collaboration among sectoral line agencies, local

45 HAQ Centre for Child Rights, “Budget for Children” (available from www.haqcrc.org/budget-

children).

46

Office of the Children’s Commissioner, “A Child Rights Impact Assessment of Budget Decisions:

including the 2013 Budget, and the cumulative impact of tax-benefit reforms and reductions in

spending on public services 2010 – 2015”, June 2013.

47 See Accountability and Transparency for Human Rights Foundation, International Budget Partnership

and Save the Children, Turning children’s rights into children’s realities – Why open, inclusive and

accountable budgets are important for children, 2013.

48 Ibid.

body associations, civil society organizations and development partners on child rights

issues.49

63. In Ghana, Plan International supported children in increasing their knowledge of

equitable budgeting and to carry out participatory surveys to assess the situation of children

and particularly vulnerable groups in their communities. They analysed district budget

plans against the survey results, and negotiated better budget allocation with municipal

decision-makers.50

64. In Kenya, Plan International garnered the support of a Member of Parliament and a

minister to conduct a social audit exercise in which children and adult citizens evaluated the

transparency and efficiency of a decentralized government fund. The existing efforts of

Government and public officials to achieve greater transparency created the necessary

enabling conditions for the audit and the discussion of its results, which revealed a number

of inconsistencies and non-transparent spending patterns.51

65. In preparation for the 2015 national budget, child leaders from across Zimbabwe

presented their priorities for consideration to the Parliamentary Portfolio Committee on

Finance. They submitted a 10-point plan during a budget consultative meeting, which

brought together civil society, child leaders, Parliamentarians and representatives of the

Ministry of Finance. The plan included a request for the allocation of additional resources

to, inter alia, education, health, social security, school feeding schemes, the provision of

clean water and sanitation facilities, the expansion of recreational facilities, the institution

of junior councils and a junior parliament, and the establishment of a child rights

commission.

IX. Conclusions and recommendations

66. A sustainable, equitable and broad-based investment in the rights of children is

crucial for the full and comprehensive realization of States’ international obligations

to implement children’s rights, be they civil and political, social, economic or cultural.

67. While it has been noted that efforts have been made by States to ensure

effective investment in children’s rights, States should:

(a) Regardless of their economic status, take concrete measures to mobilize

domestic and, where necessary, international resources to realize children’s rights;

they should also evaluate current revenue sources to ensure that resources are being

mobilized to the maximum extent possible;

(b) Make appropriate budgetary provisions to support the realization of the

human rights of all persons within their jurisdiction, without discrimination. The

enjoyment of economic, social and cultural rights should be guaranteed to the

maximum extent of available resources, taking into account the best interests of the

child and of future generations as a primary consideration;

(c) Prioritize children in all budget and fiscal decision-making; where

resources are limited, children’s rights should be given precedence, with special funds

directed towards the most marginalized and vulnerable groups of children and

families;

49

Somlal Subedi, Child Friendly Local Governance (UNICEF, 2010).

50 See Stephanie Conrad et al, Participatory Monitoring for Accountability: Principles for involving

Children and Young People (Plan International, 2014).

51 Ibid.

(d) Strengthen public finance management systems and ensure

accountability for resources, including through both internal and external audit

processes. Financial oversight and accountability mechanisms should include

compliance and enforcement mechanisms, remedies, sanction and redress;

(e) Ensure budget transparency by making key budget documents public

during the annual budget cycle in a timely manner. To facilitate understanding of the

budget by the public, including children, the Government should produce a child-

friendly citizen’s budget;

(f) Ensure a clear and transparent demarcation of budget lines for spending

on children. Information should be sufficiently disaggregated to enable children and

other stakeholders to identify, extract and track budget line items intended to benefit

children;

(g) Gather comprehensive disaggregated data on children from civil

registration and vital statistics and other relevant sources that inform planning and

improve budget and public accounting systems, by making information on vulnerable

groups visible, accessible, identifiable and extractable in all budget plans and

expenditures;

(h) Ensure meaningful and inclusive participation of all children – in

particular those belonging to vulnerable and marginalized groups – according to their

evolving capacities, throughout the entire budget cycle, in an open, transparent,

collaborative and easily accessible way;

(i) Ensure that the public, including children, can engage in fiscal processes,

by guaranteeing the right to participation throughout the budget process.

Appropriate forums should be used for public engagement. States should ensure

child-friendly, age-appropriate and safe processes and mechanisms where children

can articulate their views and recommendations;

(j) Establish an adequate enabling environment by improving legal

protection of children’s participation and their rights to expression, association and

peaceful assembly at all levels;

(k) Implement ex-ante and ex-post child rights impact assessments and

evaluations of economic policies, budgets and fiscal processes to monitor the impact of

decisions on children’s rights. Such evaluation must be continuous and

comprehensive, and contribute meaningfully to fiscal planning and budget

formulation across budget cycles;

(l) Recognize that global economic structures have an impact on a State’s

fiscal space, and that the international community must therefore ensure that global

governance is transparent and accountable. Global partnerships and cooperation are

also needed to tackle illicit financial flows and tax avoidance;

(m) Recognize that the realization of children’s rights is a shared

responsibility of developed and developing countries. In this light, States must honour

their commitment to allocate 0.7 per cent of their gross national income to aid, and to

ensure that it is transparently delivered.