Chapter 3 | Page 110
elements of the State’s mobilisation of resources for ESC rights. Many aspects
of financial planning and taxation regimes are relevant to the amount of
financial resources accessible to a State. That public expenditure is essential
for the realisation of ESC rights has been recognised by the ESCR Committee
on several occasions, particularly in statements to the effect that ESC rights
obligations ‘often require positive budgetary measures’.41
While a focus on the budget and financial resources can be justified on the
basis that these are the main tools for government intervention in the direct
provision of public services, they do not complete the ‘real’ resource envelope
of a modern State. The dominant focus on resources potentially limits debate
on State obligations to take steps to acquire financial resources, thus
narrowing the scope for advocacy. Even though budget allocations constitute
the core resource over which the State has control in terms of policy
implementation, the nature of ESC rights makes it possible to look for nonfinancial resources.
Non-financial resources for the purpose of ESC rights identified by ESC rights
scholars comprise human resources, natural resources, technology,
management capacity and cultural resources.42 These resources are argued
to be relevant and capable of complementing government efforts to enhance
social services related to ESC rights.43 They are in no way a substitute for
financial resources: but they can play a crucial role in significantly enhancing
the productivity and output of financial resources that are in place for
realisation of these rights.
Non-financial resources, however, may not always be easy to quantify or be
effectively applied to diverse policy purposes. For example, information as a
resource may be applicable to one set of services but not for another, or at
41
An evaluation of the Obligation to take steps to the "Maximum Available Resources" under
an Optional Protocol to the Covenant, E/C.12/2007/1, above n 4, para 7.
42
For example see, Robertson, above n 1; Skogly, above n 6; United Nations Committee on
the Rights of the Child, General Comment No 5: General measures of implementation of
the Convention on the Rights of the Child (arts. 4, 42 and 44, para 6), 34th sess, UN Doc
CRC/GC/2003/5 (27 November 2003).
43
For example see, Robertson, above n 1; Skogly, above n 6.
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