Chapter 1 | Page 10
resources, and organisational and social resources, all of which can be
employed to achieve desired policy goals.29
Although these broad definitions provide insights into what resources are
applicable for the purpose of ESC rights in general, given the ambiguous
nature of the concept of ‘maximum available resources’ in human rights
practice, further conceptual clarity can be valuable for both policy and
advocacy purposes. Accordingly, this thesis takes up the challenge of further
refining and incorporating these dimensions into the definition of resources to
enhance their applicability to human rights practice.
1.2.3 What resources are ‘available’ to the State?
Given the ESCR Committee’s concept of resources as encompassing those
to which States have ‘access’, the scope of resources can extend beyond
government revenue from tax and non-tax income to include such forms as
international assistance and co-operation as well as private sector
investments by domestic and foreign entities. Equally, as noted above, given
that resources could be of many types and forms, including financial, natural,
technological, human, environmental, organisational, legal, and social
resources, States should consider mobilising such resources from the wider
society, including the private sector.
Such broader characterisations of ‘resources at the disposition of the State’
extends potential resources beyond the traditional budgetary definition. While
this approach enlarges the scope of resources that the State can potentially
mobilise for the purpose of advancing ESC rights, it may also introduce a
number of practical difficulties.
For instance, while the concept of ‘maximum available resources’ is presented
as part of the State’s legal obligation in the context of ESC rights, the definition
of availability of resources must be bound by the legal authority and power of
the State and understood within its lawful jurisdictional authority in relation to
29
For example see, Robertson, above n 19; Skogly, above n 14.
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