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The Use of Maximum Available Resources Article 2 & Governments’ Budgets Article 2 & Governments’ Budgets ICESCR Article 2(1): Each State Party to the present Covenant undertakes to take steps,[…] especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means [….]

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The Use of Maximum Available Resources: Article 2 and Governments' Budgets

Articles and Commentary

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Authors: Ann Blyberg, Helena Hofbauer

Issue

Non-discrimination
Progressive realization
Resource allocation
Resource expenditure
Resource generation
Transparency

Year: 2014

Summary: Provides an overview of CESCR guidance on the MAR obligation in conjunction with the other two obligations in article 2—progressive achievement of the realization of ESC rights and non-discrimination. Argues that states must give priority to ESC rights, and that spending on lower priority items within ESC rights-related areas can amount a failure to comply with MAR. Also argues that expenditures must be efficient: wasting funds amounts to a failure to use MAR; and that the expenditures must have the effect of enhancing people’s enjoyment of their rights to comply with MAR obligations.

Primary Documents

Article 2 project - Maximum Available Resources.pdf
english
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