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).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents