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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