Chapter 2 | Page 87
that ESC rights fulfilment implies ‘costs on a larger scale.’208 In the Working
Group meetings, concerns were raised about the ability of poor countries to
fully comply with the obligations under the Covenant and their failure to meet
the requirements may give rise to complaints against these states under the
Optional Protocol.209
These sources identify key themes relevant to understanding the concept of
maximum available resources. Most notably, they highlight the need to
address questions of what ‘maximum available resources’ entails in practice,
and what policy actions are required to address resource constraints in order
to ensure effective allocation of resources for ESC rights objectives.
2.4.1 The concept of ‘maximum available resources’: What does it
entail?
As previously mentioned, the drafting history of the Covenant, as evidenced in
the travaux préparatoires, recognises and acknowledges the importance of
State resources for the effective implementation of the rights recognised in the
Covenant. The decision to include the phrase ‘to the maximum available
resource’ was not taken lightly by the delegates. The discussions not only
identified possible difficulties with this phrase, but also provided insight into
how this concept should be interpreted in practice. There was consensus
among the delegates that the concept of ‘maximum available resources’
should be interpreted as broadly as possible and should not be limited to public
sector resources.
Later, the ESCR Committee specified that ‘maximum available resources’
refers to ‘both the resources existing within a State as well as those available
from the international community through international cooperation and
208
Report of the Open-ended Working Group to consider options regarding the elaboration
of an optional protocol to the International Covenant on Economic, Social and Cultural
Rights on its third session, 62nd sess, UN Doc E/CN.4/2006/47 (14 March 2006), [90].
209
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its first session, E/CN.4/2004/44, above n 207, [21].
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents