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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