Chapter 3 | Page 133 whether the State has used these available resources to the maximum.161 The establishment of standards, indicators and indices for measuring State compliance with the allocation of adequate resources for ESC rights may be an important step towards improving compliance monitoring. There has been growing recognition of the need to develop more effective monitoring tools for compliance with the obligation to use maximum available resources. As a result, the development of indicators to measure progressive realisation of ESC rights within a ‘maximum available resources’ framework has been identified as essential by the human rights community.162 Over the years, various methodological approaches have been employed for this purpose. These include indicators and benchmarks, analysis of budget and expenditure or resource allocation, identifying violations, and econometric tools and methodologies that combine some of these approaches. One example is the report on the use of human rights indicators published by the Office of the High Commissioner for Human Rights (OHCHR) in 2012.163 The ESCR Committee has employed some indicators in the Concluding Observations to identify the level of utilisation of maximum available resources. For example, the percentage of national budget allocated for a specific right (such as health and education), often in relation to other areas of public expenditure;164 and an increase or decrease in the overall percentage of resources allocated for specific rights.165 While these methodological 161 Manisuli Ssenyonjo, 'Reflections on state obligations with respect to economic, social and cultural rights in international human rights law' (2011) 15(6) The International Journal of Human Rights 969-1012, 980; Manisuli Ssenyonjo, Economic, Social and Cultural Rights in International Law (Hart Publishing, Oxford, 2009), [2.27]. 162 UN Special Rapporteur on the Realization of ESCR (Danilo Türk), Realization of Economic, Social and Cultural Rights: Progress Report, UN Doc E/CN.4/Sub.2/1990/19. 163 Office of the High Commissioner for Human Rights, Human Rights Indicators: A Guide to Measurement and Implementation (OHCHR, Geneva, 2012), <http://www.ohchr.org/Documents/Publications/Human_rights_indicators_en.pdf>. 164 For example, CESCR, Concluding observations: Senegal, E/C.12/1/Add.62 (24 September 2001); CESCR, Concluding observations: Philippines, E/C.12/1995/18 paras. 101-133 (07 June 1995), [21]. 165 For example, CESCR, Concluding observations: Congo, E/C.12/COD/CO/4 (16 December 2009).

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