A/HRC/28/33 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 34 35 36 37 38 39 40 Ibid., para. 45. CRC/C/GC/14, para. 35. A. Nolan, “Economic and social rights” (see footnote 11), p. 248. CRC/C/GC/16, Para. 81. Ibid., para. 80. Save the Children, Framework for the Future - Ending poverty in a generation (London, 2014). See A/HRC/17/31 and CRC/C/GC/16. 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). 13