HUMAN RIGHTS QUARTERLY Measuring Compliance: Social Rights and the Maximum Available Resources Dilemma Abby Kendrick* ABSTRACT This article argues that since fulfillment of social rights is dependent on the availability of resources we must look beyond the field of international human rights, to economics, to provide a stylized way of thinking about measuring compliance. 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 maximum resources 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. I. INTRODUCTION Consider two new lives. The first enters the world in Swaziland, the other in Switzerland. The Swazi new born is twenty times more likely to die before reaching her fifth birthday than her Swiss counterpart.1 If she reaches adulthood, she will have been educated for half the number of years.2 She * Abby Kendrick is Teaching Fellow in Economics at the University of Warwick. She is also an Honorary Research Associate in the Peter A. Allard School of Law at the University of British Columbia. Her current work focuses on the use of quantitative methodologies for research in economic and social human rights. She teaches world economic theory and history and is a Member of the Centre for Human Rights in Practice at the University of Warwick.  1. World Health Organization, World Health Statistics 2013, 22 (2013). 2. United Nations Development Programme, Human Development Index, Mean Years of Schooling (Females Aged 25 Years and Above) (2014). Human Rights Quarterly 39 (2017) 657–679 © 2017 by Johns Hopkins University Press

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