Chapter 1 | Page 3
Although duties on States under the international human rights regime do not
necessarily translate into obligations to directly ‘provide’ the necessary
conditions for all individuals to enjoy these rights,9 the alarming gaps and high
level of deprivation of basic conditions of life should alert human rights
advocates and policymakers to the urgency of these challenges and prompt
them to work towards a more meaningful level of protection and promotion of
these rights. A preliminary review of existing literature on ESC rights suggests
that the ability of States to effectively respect, protect and fulfil these rights is
significantly challenged by the ‘resource-intensive’ and ‘programmatic’ nature
of these rights.10 A better understanding of this situation, therefore, requires
deeper analysis of State policy and practice in order to identify the challenges,
choices and opportunities that are available to States for improving ESC rights
conditions, especially within the context of resources and policy.
As a human rights practitioner, my primary motivation in this thesis is to seek
theoretically sound and practically relevant insights into the role of resources
in the realisation of ESC rights, and to identify policy options for addressing
resource constraints from the perspective of human rights policy and practice.
The thesis presents an in-depth examination of the dynamics of State policy
with the aim of identifying the nature, scope and significance of the resources
required for the effective realisation of economic, social and cultural rights. It
adopts a cross-disciplinary perspective underpinned by law, economics, public
policy and public finance in order to capture multiple dimensions of State policy
applicable to the question of resources.
This introductory chapter is divided into six sections: statement of the research
problem; research objectives, research questions and core arguments;
methodological approach; significance of the research and expected
contributions to scholarship; and thesis overview.
9
This issue will be addressed in further detail in Chapter 2 and elsewhere throughout this
thesis.
10
See for example, E W Vierdag, 'The Legal Nature of the Rights Granted by the
International Covenant on Economic, Social and Cultural Rights' (1978) 9 Netherlands
Yearbook of International Law 69-105; Shedrack C Agbakwa, 'Reclaiming Humanity:
Economic, Social, and Cultural Rights as the Cornerstone of African Human Rights' (2014)
5(1) Yale Human Rights and Development Journal 177-216, 187.
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