Chapter 5 | Page 187
in which the flow and utilisation of resources reflect the needs, aspirations and
human rights demands of the population.
Considering the necessity for augmenting international assistance and cooperation from the perspective of resources required for the realisation of ESC
rights as presented in Chapter 3, this chapter examines the structures,
institutional arrangements, inadequacies and limitations of the international
assistance regime from an ESC rights perspective and identifies policy options
for developing States to maximise the flow of international aid and resources
for ESC rights purposes. Building on the model of ‘maximum available
resources’ in the context of ESC rights, it provides an in-depth analysis of
current practices in international assistance and co-operation and suggests
how such co-operation can be expanded. The argument is that assistance and
co-operation are an important component of ‘maximum available resources’ in
the realisation of ESC rights and that, with more concerted policy efforts,
States can enhance the quantity and quality of these resources.
The first section surveys current practices, including bilateral, multilateral and
regional aid and assistance mechanisms, to identify their key characteristics
and how they relate to the concept of resources within an ESC rights
frameworks. This is followed by an examination of existing processes of aid
delivery and allocation and how they impact human rights realisation in
developing countries. This analysis is not intended to be a general critique of
international assistance and co-operation; rather, its purpose is to establish its
relevance as a form of ‘resource’ that needy States can tap into in their efforts
to realise ESC rights obligations. The chapter then identifies gaps in
international assistance practice that need to be addressed in order to better
meet human rights obligations. Some findings from a qualitative analysis of
State reports under the ICESCR are included to provide empirical support to
the discussion.
The last part of the chapter explores new approaches to maximising resources
through international assistance and co-operation and allowing States more
policy space in which to perform their human rights obligations more effectively
and efficiently.
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