Chapter 3 | Page 124 and must be actively sought by the State. This is discussed in detail in Chapters 4, 5 and 6. 3.4 KEY ELEMENTS OF RESOURCE ALLOCATION The ESCR Committee recognised and respected the ‘authority vested in relevant State organs to adopt what it considers to be its most appropriate policies and to allocate resources accordingly.’107 The emphasis here is on the effective allocation of available resources. The importance of ‘equitable and effective use of and access to the available resources’,108 and the need to give priority to subsistence rights is also recognised.109 The State is, thus, required to be mindful of the manner in which available resources are targeted towards achieving the ESC rights objectives. This creates a stronger need for resource allocation decisions and opportunity cost calculations to factor in State obligations in relation to ESC rights. Therefore, this brings us to the question of resource allocation from an ESC rights perspective, and our attempt to understand the dynamics of public sector resource allocation decisions. 3.4.1 Dynamics of public sector resource allocation decisions The question of allocation of resources attracted a lot of debate during the drafting of the Covenant. For example, Chile argued that governments are challenged ‘to apportion allocations between the various branches of the social services or other budgetary appropriations’110 thus dictating to States how to allocate resources would be unrealistic. Concerns were also raised during the drafting of the Optional Protocol that the complaints procedure 107 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, [2]. 108 Limburg Principles, E/CN.4/1987/17, above n 64, Principle 27. 109 Ibid., Principle 28. 110 Summary record of the 236th meeting of the Commission on Human Rights, above n 33, [20].

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