progress could be scoring less well if the other countries at the same stage of development made
even faster progress.
The approach developed by Sakiko Fukuda‐Parr and her colleagues provides an elegant way to
distinguish between how a State performs on human development indicators, and how it performs
on indicators of economic and social rights fulfilment: to rank countries on this second metrics, we
must distinguish between a country's unwillingness to do more to support economic and social rights
and its inability to do so. At the same time, whether in the form of a "ESRF Index" or in the form of
the "Achievement Possibilities Frontier Approach", the demarche of Fukuda‐Parr and her colleagues
is incomplete. This is not simply because ‐‐ as they themselves acknowledge (Fukuda‐Parr et al. 2008:
34) ‐‐ it should be enlarged to certain rights (such as the right to social security) or human rights
principles (particularly non‐discrimination and participation) the measurement of which poses
difficult methodological problems or questions or data availability. Nor is it only because the
methodology proposed does not address the question of trade‐offs between, say, the right to
housing and the right to education, where all the investments required for the fulfilment of both
rights cannot be done at once in a context where the resources are not infinite. Two more
fundamental questions arise.
A first question is how the capacity of a State to fulfil economic and social rights should be measured.
Such capacity is determined essentially by reference to the GDP per capita (as a proxy for the
resources available to the country) rather than the State revenue, since the latter depends on policy
choices (concerning in particular the rates of taxation) that cannot be relied upon by governments to
justify a weaker performance in the fulfilment of economic and social rights. The choice of the GDP
per capita as a measure of the State's capacity to fulfil human rights is itself contestable, however,
for two reasons. The first reason is acknowledged by Fukuda‐Parr and her colleagues. They note,
rightly, that poor macroeconomic policy choices by governments could explain a lower GDP per
capita, and in certain extreme cases, the mismanagement by a government of the country's economy
‐‐ resulting in a low GDP per capita ‐‐ could be such that it could amount to a violation of the
obligations imposed on the State by the Economic, Social and Cultural Rights Covenant, where the
failure to take appropriate policy measures impedes the realization of economic and social rights
(Fukuda‐Parr et al. 2008: 13).
But the GDP per capita cannot be the sole indicator of resource availability also because domestic
resources may be complemented by resources from outside the country. Among such resources that
could be mobilized are the resources from foreign direct investment (that the government could
seek to attract to the country, as a means to create employment, to access technologies, and to raise
the standards of living), and the resources that the international community could contribute
through development cooperation. This may not make a significant difference in fact: econometric
studies have concluded that GDP per capita may be taken to be an adequate proxy for the various
factors that could be anticipated to affect the ability of the country to move towards the fulfilment of
economic and social rights (Cingranelli and Richards 2007: 225‐226; referring to Richards et al. 2001).
Yet, the question of principle remains. In its interpretation of Article 2(1) of the International
Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural
Rights considers that "the phrase 'to the maximum of its available resources' was intended by the
drafters of the Covenant to refer to both the resources existing within a State and those available
from the international community through international cooperation and assistance", noting in this
regard "the essential role of such cooperation in facilitating the full realization of the relevant rights
is further underlined by the specific provisions contained in articles 11, 15, 22 and 23 which refer to
international cooperation" (Alston and Quinn 1987: 179‐180; CESCR 2007: para. 5). It also has
repeatedly called on States to seek assistance where needed to realise economic, social and cultural
rights (for example, CESCR 2009: paras. 16‐17).
23
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
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