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Measuring Compliance: Social Rights and the Maximum Available Resources Dilemma Abby Kendrick Human Rights Quarterly, Volume 39, Number 3, August 2017, pp. 657-679 (Article) Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/hrq.2017.0036 For additional information about this article https://muse.jhu.edu/article/666335 Access provided by Columbia University (12 Jan 2018 01:41 GMT)

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Measuring Compliance: Social Rights and the Maximum Available Resources Dilemma

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Authors: Abby Kendrick

Rights Involved

Right to health

Issue

Extraterritorial obligations
Progressive realization
Resource allocation

Year: 2017

Summary: Presents a stylized way of thinking about measuring compliance with MAR obligations through the field of economics. Using conditional rights as a starting point, this article argues that there are certain normative and practical factors that limit social rights, and it is in allowing for these factors that gives rise to the MAR dilemma: How can the content of social rights be determined if it is allowed to differ across resource contexts, and how can compliance be measured if the content is not determinate? It argues further that the empirical tools of microeconomics offer a systematic way to deal with the dilemma and outlines a methodological sketch for measuring compliance.

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