to devote the maximum available resources for the realisation of economic, social and cultural rights;
and obligations of international assistance and cooperation.
Second, they have addressed the links between the obligation to mobilise resources with several
other obligations, such as the obligation to progressively improve conditions; prohibition of taking
deliberately retrogressive measures; the obligation to accord a degree of priority to human rights in
the allocation of resources; the obligation to monitor the realisation of human rights, and to devise
strategies and programmes for their implementation; and the obligation to ensure the minimum core
level of economic, social and cultural rights. These related obligations shape part of the content of
the obligation to mobilise resources. For example, as part of the obligation to progressively realise
economic, social and cultural rights, states should ‘identify the resources available to meet the
objectives and the most cost-effective way of using them’. In line with the principle of non-retrogression,
a state making cuts in social spending has the burden of proving that the retrogressive measure was
the least human rights-damaging alternative. In order to fulfil its minimum core obligations, a state
must demonstrate that every effort has been made to use all resources that are at its disposal to satisfy
the minimum essential level of rights as a matter of priority. Among these human rights obligations,
states should regularly monitor the realisation of human rights, including assessments as to whether
the maximum available resources have been used to progressively achieve the full realisation of
economic, social and cultural rights.
Third, from the work of human rights monitoring bodies, it is evident that core human rights
principles should guide the implementation of the obligation to mobilise resources. The principle
of non-discrimination shapes not only the ultimate outcome, but also the process of resource
mobilisation. On the one hand, resource mobilisation should eventually lead to reduced economic,
social and geographical disparities, and provide for wealth redistribution in order to redress systemic
discrimination and spur progress towards substantive equality. On the other hand, ‘the rights to
equality and non-discrimination should be respected in all revenue-raising policies. Thus, any action,
or omission by the state in this area must not discriminate, either directly or indirectly, against
any individual or group or perpetuate discrimination and inequality.’ Other principles, such as
transparency, participation and accountability, are also often referred to by human rights monitoring
bodies, although in a general manner, requiring more attention in the future. This is particularly
the case regarding the principles of sustainability, efficiency, effectiveness and cooperation that some
human rights monitoring bodies have linked to the obligation to mobilise resource, although without
fully exploring their content and potential.
While the core features and principles of aforementioned international human rights law assist in
the definition and implementation of the obligation to mobilise resources, uncertainties remain as
to the legal basis of the obligation to mobilise resources, and the scope and content of the principles
that should guide resource mobilisation. Human rights monitoring bodies should do more to clarify
some components of the obligation to mobilise resources and develop assessment methodologies
to monitor compliance by states. The lack of more precise legal concepts poses several challenges
to human rights monitoring bodies seeking to assess compliance with the obligation to mobilise
resources. How can they evaluate state responses in terms of compliance with the obligation to
mobilise resources if the legal foundation of such obligations are themselves not clear? What are the
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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