hand down official statements. Yet, only some treaty bodies are mandated with reviewing individual
complaints or conducting country inquiries. As at July 2017, there were ten treaty bodies.13 Treaty
bodies play an important role in establishing the regulatory content of human rights treaty provisions
and in lending concrete meaning to individual rights, as well as state obligations.14
The Committee on Economic, Social and Cultural Rights (CESCR), the body entrusted with overseeing
implementation of the ICESCR,15 and the Committee on the Rights of the Child (CRC), which monitors
the Convention on the Rights of the Child,16 have been the two treaty bodies that have given greater
attention to the obligation to mobilise resources. As at July 2017, these conventions have 165 and 196
States Parties, respectively.
Eighteen members from different countries make up both committees. Members of the
committees serve in their personal capacities and do not represent their country of nationality.
The committees’ interpretation of the obligations under their respective covenants are included
in various documents, including their ‘Concluding Observations’, which contain concerns and
recommendations coming out of a member-state report review; their ‘General Comments’,
which contain specific intepretations of the content of the provisions of the covenant;17 as well as
substantive ‘statements’. Both committees work under consensus rules; therefore, these documents
represent the committees’ univocal position.
Over the years, the obligations that human rights treaties have imposed have broadened in scope via
human rights monitoring bodies’ interpretations. These bodies not only clarify human rights treaties
regulatory content, but their interpretation also effectively extends the scope of protections afforded.
This is critical to understanding the obligation to mobilise resources, to be examined in the present study.
13
The Human Rights Committee (CCPR) monitors implementation of the ICCPR; the Committee on Economic,
Social and Cultural Rights (CESCR) monitors implementation of the ICESCR; the Committee on the Elimination
of Racial Discrimination (CERD) monitors implementation of the International Convention on the Elimination of
All Forms of Racial Discrimination; the Committee on the Elimination of Discrimination against Women (CEDAW)
monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women; the
Committee against Torture (CAT) monitors implementation of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment; the Committee on the Rights of the Child (CRC) monitors implementation of
the Convention on the Rights of the Child; the Committee on Migrant Workers monitors implementation of the
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
the Committee on the Rights of Persons with Disabilities (CRPD) monitors implementation of the International
Convention on the Rights of Persons with Disabilities; the Committee on Enforced Disappearances monitors the
implementation of the International Convention for the Protection of All Persons from Enforced Disappearance,
and the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment established pursuant to the Optional Protocol of the Convention.
14
Kerstin Mechlem, ‘Treaty Bodies and the Interpretation of Human Rights’ (2009), 42 Vanderbilt Journal of
Transnational Law 90.
15
Adopted in December 1966, entered into force 1976.
16
Adopted by the UNGA on 2 November 1989, entered into force on 2 September 1990.
17
As of July 2017, the CESCR has issued 24 General Comments and the CRC has issued 20.
24
The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017
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