Chapter 2 | Page 94
resources for this purpose. These elaborations are essential to appreciate the
complexity of the concept and to contextualise relevant aspects of resources
for subsequent discussion. The section has outlined the nature of obligations
arising out of the undertaking to ‘take steps’ to the ‘maximum available
resources’, which constitutes a clear obligation on States parties to maximise
the amount of resources available and to effectively allocate and manage
these resources in a manner that optimises their contribution to the realisation
of ESC rights. While the drafting history of the ICESCR and the Optional
Protocol to the ICESCR provide some insight into the nature of resources that
are considered applicable, there is still no clear definition of ‘maximum
available resources’ for the purpose of the ICESCR. Therefore, the role of the
State as the human rights duty-bearer, mobiliser and administrator of
resources for the realisation of human rights obligations requires further
investigation.
2.5 CONCLUSIONS
The International Covenant on Economic, Social and Cultural Rights obliges
all States parties to actively engage in the implementation of policies and
programmes and ensure the progressive realisation of the rights recognised
in the Covenant, within their resources and capacity. This chapter has shown
that the progressive realisation requirement does not diminish the importance
and urgency of the obligation, nor does the lack of resources. In recognition of
the inherent and inalienable nature of these rights, States have a duty to
employ all the resources at their disposal to promote ESC rights, without
discrimination.
This broad overview of the general and substantive rights under the Covenant
provides the foundation on which subsequent discussions are built. The
description of State obligations under the Covenant and in the interpretive
work of the ESCR Committee in relation to all substantive rights indicates the
fundamental nature of these rights and the seriousness with which States must
address them. This chapter has explored the basic legal context for the
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