Chapter 2 | Page 86
with the concept of ‘maximum available resources’ in the ICESCR. It also
incorporates the element of international co-operation in the context of State
action and resources. Article 23(2) of the CRC also refers to ‘available
resources’ in the context of ensuring special care and assistance to the
disabled child and those responsible for his/her care.203 The Committee on the
Rights of the Child has emphasised a broad application of the concept of
resources to include both domestic and international resources.204 According
to the Convention on the Rights of Persons with Disabilities (CRPD),
progressive realisation of the economic, social and cultural rights of persons
with disabilities occurs in the context of ‘maximum available resources’, which
includes international co-operation where needed.205 There are also direct
references to resource requirement in regional human rights documents.206
The resource-intensive nature of ESC rights, particularly in relation to the
obligation to fulfil, was acknowledged in the drafting history of the Covenant
and its Optional Protocol, as well as in the work of the ESCR Committee and
other developments in the soft law regime. For example, debates during the
drafting of the Optional Protocol to the ICESCR highlighted the concerns of
many States about the resource-intensiveness of ESC rights.207 While Finland
and Portugal along with the NGO Coalition were of the opinion that only a
small number of ESC rights have serious resource implications, Canada noted
203
Ibid., art 23(24).
204
United Nations Committee on the Rights of the Child, General Comment No 5: General
measures of implementation of the Convention on the Rights of the Child (arts. 4, 42 and
44, para 6), 34th sess, UN Doc CRC/GC/2003/5 (27 November 2003), [21].
205
CRPD, above n 6, art 4(2).
206
See for example, ssociation of Southeast Asian Nations (ASEAN), 'ASEAN Human
Rights Declaration', <http://www.asean.org/news/asean-statement-communiques/
item/asean-human-rights-declaration> [33]; African Commission on Human and Peoples’
Rights, 'Principles and Guidelines on the Implementation of Economic, Social and Cultural
Rights in the African Charter on Human and People’s Rights' (2011),
<http://www.achpr.org/files/instruments/economic-social-cultural/achpr_instr_guide_draft_
esc_rights_eng.pdf> [15].
207
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its first session, 60th sess, UN Doc E/CN.4/2004/44 (15 March 2004), [55].
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