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HUMAN RIGHTS QUARTERLY
Vol. 39
agreed-upon development goals, address key social issues, or indeed fulfil
the welfare basket.54
While the importance attributed to human capital as a requirement for
healthy social systems is by no means controversial,55 it may still seem that,
in an assessment of a duty-bearer’s maximum available resources, its presence
as an additional variable is superfluous. Instead, it could be argued that the
availability of financial resources instrumentally captures the duty-bearer’s
ability to provide human resources; the more financial resources it has the
more teachers, doctors, nurses, and engineers it is able to recruit, train, and
employ.56 In a perfectly operating market for professional workers, this would
indeed be the case; a measure of available financial resources would be a
good enough proxy. However, the market for professional workers is far from
perfect. In the arena of health alone, there is an estimated worldwide shortage of almost 4.3 million doctors, midwives, nurses, and support workers,
and this shortage is felt most acutely in countries where these professional
workers are needed most:57 a situation that has been described by the World
Health Organization as a “global crisis.”58
An understanding of the factors that contribute to the shortage is important for explaining maximum available resources. The shortage may be
due to, for instance, increasing social needs or that the economic and social incentives to train, work, and live as a professional in certain countries
are simply not sufficiently strong, often resulting in migration from already
resource poor countries to more resource abundant countries, coined the
brain drain/brain gain.59 In each of these cases, or indeed a mixture of both,
it would be unrealistic to assume that a duty-bearer’s ability to fulfill the
welfare basket is a matter of money alone. If a duty-bearer has the financial
resources to provide access to certain social goods and services (which in
principle could satisfy fulfillment of the welfare basket) yet, despite employing the maximum human resources it has available, there are still too few
professional workers of the appropriate kind to deliver those goods and
services, then it cannot necessarily be expected to fully deliver them in the
54. Hugo Mercer, et al., Human Resources for Health: Developing Policy Options for Change,
in Towards a Global Health Workforce Strategy 451 (Paulo Ferrinho & Mário Dal Poz eds.,
2003).
55. See the vast portfolio of documents on human resources development and social rights
published by the Office of ECOSOC Support and Coordination, available at https://www.
un.org/ecosoc/en/node/454160.
56. Sakiko Fukuda-Parr, Terra Lawson-Remer, & Susan Randolph, An Index of Economic and
Social Rights Fulfillment: Concept and Methodology, 8 J. Hum. Rts. 195 (2009).
57. World Health Organization, The World Health Report 2006: Working Together for Health
12 (2006).
58. World Health Organization, Human Resource for Health: Overcoming the Crisis 18 (2004).
59. Id. at 101.