Chapter
3
Resources at the Disposition of the State:
Towards a Comprehensive Model of
‘Maximum Available Resources’ for ESC
Rights
3.1 INTRODUCTION
The nature and quantity of resources at the disposition of the State have a
significant policy impact on human rights and welfare of the population.
Resources affect the level to which Economic, Social and Cultural rights (ESC
rights) can be realised by way of necessary infrastructure and facilities for
education, health, housing and employment. These must be provided and
guaranteed by the State, especially when individuals are not able to realise
these rights on their own. Thus the amount of resources available to the State
is a vital indicator of its capacity to fulfil the conditions that are necessary for
the enjoyment of ESC rights.
This chapter presents a detailed discussion of ‘maximum available resources’
in the context of general obligations to take steps for the realisation of ESC
rights. It addresses general definitions of resources, what constitutes available
resources and what is regarded as maximum, as well as practical issues of
monitoring the State’s resource allocation and utilisation policies. In theory,
human rights obligations demand that States ‘marshal all the resources
needed’1 for the realisation of these rights. For this expectation to be
meaningful, it is vital to develop a thorough understanding of the concept of
‘maximum available resources’ and its operational parameters.
1
Robert E Robertson, 'Measuring State Compliance with the Obligation to Devote the
"Maximum Available Resources" to Realizing Economic, Social, and Cultural Rights'
(1994) 16 Human Rights Quarterly 693-714, 700.
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