Chapter 3 | Page 98
3.2 A CROSS-DISCIPLINARY MODEL OF ‘MAXIMUM
AVAILABLE RESOURCES’
As discussed in Chapter 1, poverty, hunger, lack of educational opportunity,
and lack of access to proper healthcare and other services essential for a
dignified life are all too familiar in a world of abundance. From a human rights
perspective, the State has a legal obligation to address these conditions, not
only as a matter of national development priority but also as a human rights
obligation. This requires an affirmative and active policy stance on the part of
the State.
This section begins with a review of existing models of ‘maximum available
resources’ and their strengths and weaknesses in relation to the realisation of
ESC rights in practice. This is followed by arguments laying out the necessary
elements for a new model of ‘maximum available resources’ for ESC rights
within the context of globalisation and the dynamics of human rights
implementation. A cross-disciplinary model of ‘maximum available resources’
is then presented.
3.2.1 Existing models of ‘maximum available resources’
In common usage, ‘resources’ are defined as ‘stock or supply of money,
materials, staff, and other assets that can be drawn on by a person or
organisation in order to function effectively’.2 The ESCR Committee explains
that the term ‘resources’ in the context of the Covenant refers to ‘all resources
at a State’s disposition’,3 and this definition includes both domestic and
international resources that a State has ‘access to’.4
2
Oxford Dictionaries (Online), Oxford University Press (2015)
<http://www.oxforddictionaries.com/>.
3
Committee on Economic, Social and Cultural Rights, General Comment No 3: The Nature
of States Parties Obligations (Art. 2, par.1), 5th sess, UN Doc E/1991/23 (14 December
1990), [10].
4
Committee on Economic, Social and Cultural Rights, An evaluation of the Obligation to take
steps to the "Maximum Available Resources" under an Optional Protocol to the Covenant,
38th sess, UN Doc E/C.12/2007/1 (10 May 2007), 4.
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