Website on Social Rights, Litigation and Budget
Budgetary analysis is a valuable tool in order to strengthen litigation strategies in defense of economic, social, and cultural rights.
In effect, the analysis of the budget, in its appropriation and execution, is a relevant indicator of the breach of obligations that States agreed to when ratifying International Human Rights Treaties and approving internal regulations that recognize social rights. It also refutes the frequent excuses related to scarcity or insufficient resources to guarantee rights, and it contributes to facilitating the monitoring of the execution of judicial sentences that recognize ESCR (economic, social and cultural rights). Social rights are justiciable, and the public policies implemented to give effect to them should be reflected on the budget.
Increasingly, courts of different countries that recognize social rights make budgetary considerations in their sentences, and they support their decisions with these arguments. Frequently, the numbers show that there are available resources, but that these resources are assigned discriminatorily, go unused, or are not allotted with protecting rights as a priority.
At ACIJ, we are working to assist activists and officials of the Judiciary in incorporating tools to use budgetary arguments in judicial cases.
With this aim, we constructed a platform (http://presupuestoyderechos.acij.org.ar/) that displays judicial sentences from different countries of the world and international courts, in which budgetary analysis had a decisive role. We also include documents written by international and regional organizations that detail the obligations of States in relation to the budget. Furthermore, we identify and write articles that analyze the topic, and publish interviews with specialists.
The platform is constantly updated with new cases and content.