Chapter 3 | Page 138 The chapter has considered the nature of resources employed in economic and social development programmes and the public provision of goods and services in the current economic environment. It has been argued that resources required for the provision of ESC rights must be defined broadly and must not be limited to those resources directly controlled and managed by the State. Resources available in the private sector and in the international community should be counted as part of the totality of resources that can be harnessed and mobilised for the realisation of ESC rights through appropriate State efforts. Scholarly literature related to ‘maximum available resources’ has been reviewed and compared with institutional developments in the area, particularly with the approach taken by the Covenant drafting committee, the ESCR Committee and Special Procedures. Although academic definitions and arguments provide clarity on how ‘maximum available resources’ can be conceptualised, the reality of mobilising and allocating resources for human rights fulfilment will depend on the State and its governance and policy direction. Analysis of the Concluding Observations provided a solid reference point for the development of the concept over time and how States and the ESCR Committee interpret the obligation to use ‘maximum available resources’. Understanding the nature of resources at the disposition of the State requires a cross-disciplinary perspective and involves many and varied dimensions of governance. Central to these are the economic and public policy dimensions which are often the driving force behind government efforts to mobilise and allocate resources. Accordingly, this chapter has argued that an expanded conceptualisation of ‘maximum available resources’ incorporating economic and policy dimensions would be more practical for ESC rights advocates to monitor State compliance behaviour. Based on the model presented here, the next five chapters explore resource mobilisation, allocation and governance perspectives.

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