Chapter 2 | Page 93
indicates not only the policy priorities of the government but also the amount
of resources committed for each programme, these resources are generally
presented in terms of financial costing values. From the perspective of human
rights, however, State resources cannot be limited to those of a financial
nature.
In the context of the global financial and economic crises, the Committee urged
that the States party’s obligations to combat poverty, social exclusion and
protection of the most vulnerable must be given priority even under resource
constraints.235 The discrepancy between available resources and actual ESC
rights needs of the people,236 and the resource impact of structural adjustment
programmes were commented upon with reference to national resource
allocation for debt servicing.237 Even if the State has a low level of Gross
Domestic Product (GDP) and limited resources, it is still obliged to comply with
the Covenant obligations to the maximum of available resources.238 The
Committee also identified the negative impact of structural adjustment policies
on the overall enjoyment of ESC rights and the high percentage of annual
budget that is allocated for debt servicing as limiting factors on resources
available to the State.239
The Committee’s position as expressed in these Concluding Observations is
that the resource requirement for the realisation of substantive ESC rights is
important and the State is expected to play a major role in maximising the
resources available to address ESC rights needs. It also points to the difficulty
of clearly defining resources requirement, types of resources and resource
allocation policies within any generally applicable standard.
In summary, this section has identified the key role of resources in the
realisation of ESC rights and the challenges involved in clearly defining
235
CESCR, Concluding observations: Iceland, E/C.12/ISL/CO/4 (11 December 2012), [16].
236
CESCR, Concluding observations: Egypt, E/C.12/1/Add.44 (23 May 2000), [44].
237
CESCR, Concluding observations: Ecuador, E/C.12/1/Add.100 (7 June 2004), [9].
238
CESCR, Concluding observations: Nepal, E/C.12/NPL/CO/2 (16 January 2008), [40];
CESCR, Concluding observations: Yemen, E/C.12/YEM/CO/2 (22 June 2011), [4].
239
CESCR, Concluding observations: Ecuador, E/C.12/1/Add.100 (7 June 2004).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents