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Chapter 4 | Page 185 towards creating stronger institutional capacity and orientation towards human rights needs. Maximising domestic revenue is one of the most crucial elements of the resource model presented in this thesis. In addition to policy efforts to maximise domestic revenue, the obligation on the State to use ‘maximum available resources’ for ESC rights realisation necessitates active effort on the part of the State to supplement these resources through international assistance and co-operation. This is the topic of discussion in the next chapter.

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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

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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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