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Chapter 2 | Page 95 economic, political and (further) legal analysis of the notion of ‘maximum available resources’ through an examination of the development of the ICESCR and core concepts of ESC rights as outlined in the Covenant as well as in other relevant human rights instruments. The extent and nature of obligations on the States as derived from the ICESCR were also examined in order to identify key areas of policy application that will be the subject of the key arguments of this thesis. The chapter has laid the foundations for discussion of the concept of ‘maximum available resources’ in the next and subsequent chapters. Building on the preliminary treatment of the ICESCR presented here, Chapter 3 provides a detailed analysis of the concept and develops a comprehensive model of resources for ESC rights policies.

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For Want of Resources: Reimagining the State’s Obligation to Use ‘Maximum Available Resources’ for the Progressive Realisation of Economic, Social and Cultural Rights

Articles and Commentary

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Authors: Ahmed Shahid

Rights Involved

Right to adequate housing
Right to adequate standard of living
Right to development
Right to education
Right to food
Right to health
Right to social security
Right to take part in cultural life
Right to water and sanitation
Right to work
Rights of indigenous peoples
Rights of persons with disabilities
Rights of the child
Rights of women and girls

Issue

Accountability
Extraterritorial obligations
Minimum core obligations
Non-discrimination
Non-retrogression
Participation
Progressive realization
Resource allocation
Resource expenditure
Resource generation
Transparency

Year: 2016

Summary: Discusses interpretation of MAR in the context of the ICESCR by applying a cross-disciplinary approach. Investigates legal, economic and public policy dimensions of resource mobilisation, allocation and governance that are essential in advancing progressive realisation of ESC rights. Proposes that the MAR obligation for the progressive realisation of ESC rights can be made more meaningful by adopting a broader interpretation of the concept of resources and by taking active steps to maximise the quality and quantity of resources available through public sector revenue, international assistance and cooperation and private sector investment, all of which can be enhanced through institutional mechanisms and processes of allocation and governance. This proposition is supported by an in-depth qualitative analysis of relevant ESC rights literature, interpretive works of the ESCR Committee and Special Rapporteurs, periodic reports of States, institutional documents and case studies, which provide evidence on the current understanding and application of the concept of resources in this context.

Primary Documents

CLAVE - PhD Thesis sobre MAR.pdf
English
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Resourcing Rights

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For Want of Resources: Reimagining the State’s Obligation to Use ‘Maximum Available Resources’ for the Progressive Realisation of Economic, Social and Cultural Rights

Primary Documents

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