Chapter 3 | Page 135
The OPERA Framework (Outcome–Policy Effort–Resources–Assessment) of
the Centre for Economic and Social Rights addresses some key aspects of
maximum available resources, particularly in its process of evaluating planned
and actual resource expenditures, and evaluation of resource-generation
processes.170 The OPERA framework is highly adaptable to different contexts,
and includes a four-step process for assessing ESC rights realisation through
triangulation of outcomes, policies and resources. The first step involves
identifying relevant development outcomes. The next step is to assess
whether the State is taking action to address ESC rights commitments and the
third step analyses the State budget from the perspective of ‘maximum
available resources’. The results are combined in the final step.171 Overall, this
approach provides a robust methodology for addressing State policies in
relation to ESC rights realisation.
Balakrishnan and Elson propose a compliance audit of States in relation to the
allocation of maximum resources for ESC rights. Such an audit, they argue,
should consider aspects of the State’s conduct as well as the constraints it
faces, including those arising out of international trade and arrangements with
international institutions.172 They argue that such responsibility is more likely
to be shared with other actors in the case of small and poor countries.173
Compliance indicators compliance should be set to reflect the reality in the
State, including the level of poverty and the institutional arrangements for
entitlements.174
The human rights budgeting process is another key monitoring tool relevant to
‘maximum available resources’. Human rights budget work goes by different
names: human rights budgeting; budgeting or budget work from a human
170
Center for Economic and Social Rights, The OPERA Framework: Assessing compliance
with the obligation to fulfill economic, social and cultural rights (Center for Economic and
Social Rights, 2012), <http://www.cesr.org/downloads/the.opera.framework.pdf>.
171
Ibid.
172
Radhika Balakrishnan and Diane Elson, 'Auditing Economic Policy in the Light of
Obligations on Economic and Social Rights' (2008) 5 Essex Human Rights Review 1-19.
173
Ibid., 10.
174
Ibid., 12.
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