IACHR expresses concern with Amendment 55
Measure could place rights to health and education at risk, say commissioners
The IACHR (Inter-American Commission on Human Rights of the OAS) expressed its concern with Constitutional Amendment Bill 55/16 (Amendment 241 in the Lower House of Congress) that freezes spending on health and education for the next twenty years, corrected only by inflation. In a hearing requested by 16 civil society organizations, the commissioners James Cavallaro, Francisco Eguiguren and Margarette Macaulay questioned the Brazilian delegation about the format, the duration and the compatibility of the amendment with international human rights norms.
The hearing took place on the afternoon of Tuesday, December 6, in Panama City and was attended by the deputy secretary of human rights Silvio Albuquerque and representatives of the Ministry of Justice and the Ministry of Foreign Relations.
Eguiguren, who is also the IACHR special rapporteur for Brazil, questioned the government’s decision to reform the Constitution, which will have long-term effects. “Its impact, proposed in this way, implies a risk to meeting the rights and social needs of a population that cannot be held back by law,” he said.
James Cavallaro, who currently chairs the Commission, directly refuted the statement made by Albuquerque, who drew on the decision of Supreme Court Justice Luís Roberto Barroso to defend the constitutionality of Amendment 55. “Our job is not to analyze Brazil’s Constitution or its laws, but instead international law and, more specifically, inter-American law,” said Cavallaro.
“Accordingly, the basic principles of economic, social and cultural rights are non-regression and the progressive allocation of resources.” He said that although the budget of other areas can be transferred, the natural increase in the population will necessarily require higher investments. “How can this [Amendment 55] not represent a violation of the principles of non-regression and the progressive allocation of resources?”
Commissioner Macaulay criticized the official forecasts of the impact that the measure will have on public services. “How can a State freeze spending on education, health and social services when demand increases every year?” she questioned. She also said she was “quite surprised” by the fact that the bill would make changes to the Constitution.
Later in the hearing, Macaulay said she had visited Brazil and heard accounts of police violence at protests – another topic raised by the petitioning organizations. “This is spending. When you have such a large force used to suppress the exercise of freedom of expression, this is not a good use of state funds.”
The criticisms of the commissioners were registered in the final press release from the period of sessions. “The IACHR expresses its concern over the impact that the measure proposed by Amendment 55 could have on the enjoyment of economic, social and cultural rights and reminds the State of its obligation to the non-regression of these rights,” reads the press release.
During the hearing, the president of the IACHR, James Cavallaro, said that the Commission will continue the closely monitor the impact of the amendment on social rights and urged the organizations and the federal government to keep sending information to the body.
- Click here to read the document submitted to the Commission by the civil society organizations.
Watch the full hearing:
