Chapter 3 | Page 109
Although the definition of ‘resources’ did not go so far as to clearly identify the
various forms and types of resources applicable, the general concerns were
debated during the drafting of the Covenant. For example, the Lebanese
delegation emphasised the broad nature of resources required, arguing that
‘the resources of a State should be interpreted broadly to include budgetary
appropriations and also technical assistance, international co-operation and
other elements’.36 Egypt stated that the available resources of a small country
would be insufficient ‘even if utilised to the maximum’ and ‘as a result, those
countries would have to fall back to international co-operation’.37 Denmark and
the United States insisted that ‘available’ would apply to both national and
international resources.38
As explained in Chapter 2, resources can be defined in broad terms to include
financial and non-financial resources that are available within the State and
from outside. ESC rights literature increasingly acknowledges the resource
intensiveness of ESC rights39 and the need to provide broader and more
creative definitions of resources.40 Linking such broad definitions of resources
with the need to ‘maximise’, as discussed in Chapter 1, forms the core
approach of this cross-disciplinary model.
3.3.1 Scope of resources: Financial and non-financial resources
Financial resources, as indicated in budget plans, are the most immediate and
easily identifiable of the resources available to the State. Budgetary
appropriations and budget priorities provide a strong platform to measure
36
Summary Record of the 271st meeting of the UN Commission on Human Rights, UN Doc
E/CN.4/SR.271 (14 May 1952), [5].
37
Summary record of the 236th meeting of the Commission on Human Rights, above n 33,
[18].
38
Ibid., [20, 25].
39
For example, Maurice Cranston, 'Human Rights, Real and Supposed' in D Raphael (ed),
Political Theory and the Rights of Man (Indiana University Press, Bloomington, 1967) 43–
53.
40
For example, Shareen Hertel and Lanse Minkler, 'Economic Rights: The Terrain' in
Shareen Hertel and Lanse Minkler (eds), Economic Rights: Conceptual, Measurement,
and Policy Issues (Cambridge University Press, Cambridge, 2007).
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