Chapter 2 | Page 62 if the State’s obligation to take steps is dependent on the ‘maximum available resources’, then ‘lack of resources could always be pleaded’.76 Throughout its interpretive work, the ESCR Committee noted that the drafters of the Covenant took the meaning of ‘maximum available resources’ to include both resources within the State and those available from the international community through co-operation and assistance.77 Given the resources focus of this thesis, the concept of ‘maximum available resources’ is discussed separately in Section 3 of this chapter. ‘Progressively the full realization’ The expression ‘progressive realisation’ in the ICESCR is a reflection of the flexibility necessary for States to work towards the realisation of ESC rights, given the social, economic and political realities of the world. This does not, however, diminish the State’s obligations in relation to the overall objectives of the Covenant. During the Covenant’s drafting process, there was debate as to whether the concept of ‘full realisation’ of the rights should be seen within the scope of the rights ratio materiae, ratio personae and ratio loci and whether a ‘particular right could be said to be fully realised only when all people in all parts of the country enjoy the right at the requisite level.78 The word ‘progressively’ was seen to be both necessary and valuable since it ‘introduced a dynamic element, indicating that no final fixed goal had been set in the implementation of the economic, social and cultural rights, since the essence of progress was continuity.’79 Hence, the provisions of progressive realisation afforded the States necessary leeway in implementing ESC rights policies. However, while ‘progressive realisation’ provision gives poorer States some flexibility in meeting their obligations, some concern was raised at the 76 Ibid., para 23. 77 CESCR General Comment No 3, E/1991/23, above n 49; Specific provisions contained in articles 11, 15, 22 and 23 also underline the role of such co-operation. 78 Craven, above n 17, 88. 79 Summary record of the 236th meeting of the Commission on Human Rights, above n 73, p. 20.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents