The OPERA Framework
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Comparisons to spending on other ‘non-priority’ sectors within the budget or non-priority projects
within a sector. For example, human rights advocates have raised concerns when states allocate
considerable resources to build up the military during peacetime or construct infrastructure for
hosting ‘mega events’ when large numbers of their population do not have adequate housing.
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Comparisons to costing estimates on what the state would need to spend to achieve a particular
policy outcome.
This analysis might uncover that resource allocations do not give priority to achieving the minimum
essential levels of the right(s) under review.
Analyzing patterns of expenditure to see how resources are distributed across regions and
population groups can determine whether resource allocations prioritize reducing disparities or
whether they aggravate existing inequalities by benefiting already better-off groups. The inequitable
distribution of resources suggests that the state is not meeting its obligation of non-discrimination.
Ideally, this analysis would be done by gathering, or calculating, indicators of per capita spending,
disaggregated by geographic region and social group. However, if the data needed to do this is
not available, it may be possible to infer who is benefiting from budgetary allocations, by looking
at the classification of budget lines. For example, allocations in the education sector that prioritize
building of universities in wealthy urban areas, when there is a shortage of primary schools in poor
rural areas, could be considered discriminatory spending. Benefit incidence analysis is a quantitative
technique that can be used to identify which groups have benefitted most from public spending,
which can be adapted for human rights analysis.
Analyzing how allocations have evolved over time, in comparison to available resources, can give
an indication of whether resources are being employed to progressively realize the right(s) under
review. Inflation-adjusted comparisons between budgets over a particular time period can be
useful to highlight trends and patterns in how a particular right or particular population group has
been prioritized. For example, if allocations to the water sector have decreased, in real terms, while
performance on water-related outcomes has deteriorated or stagnated, it may be possible to argue
that the state is not complying with its obligation of non-retrogression. In line with the Committee’s
criteria outlined above, this analysis is particularly crucial for ascertaining whether or not fiscal
austerity measures which cut back in key areas are duly justifiable in light of available resources,
when such cuts undermine previous gains made in progressively realizing the right(s) under review.
Furthermore, it is important to make a distinction between planned and actual expenditure, as resources that are earmarked for spending on programs and sectors related to the right(s) under review
are not always spent effectively or for their originally intended purpose and beneficiaries. Looking
at audited financial reports, for example, might show discrepancies between money allocated and
actually spent—resulting in either over-spending or under-spending—that raise concerns about
inefficient use or wasting of resources if these resources have not translated into an improvement
in the enjoyment of human rights. Governance assessment tools, such as social audits, public expenditure tracking surveys (PETS) and quantitative service delivery surveys (QSDS), which focus
on the operational impacts of budgets, are useful in this step. By uncovering weaknesses related
to the planning and management capacities of ministries, delays in disbursements, leakage of re-
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