Chapter 1 | Page 15
Article 2(1) of the ICESCR. It presents new perspectives on and practical
interpretations of the concept of resources required for ESC rights realisation,
with specific focus on theoretical development of the concept of ‘maximum
available resources’. A cross-disciplinary approach integrating theoretical,
conceptual and practical elements of law, economics, public policy and public
finance is used to enrich the human rights perspective in relation to the role of
‘resources’ in ESC rights realisation. This disciplinary synthesis broadens the
scope of the concept of ‘maximum available resources’, which in turn
strengthens the case for effective implementation of the ESC rights obligations
within State policy and practice.
Specific objectives of the study were to:
develop and expand an operational understanding of the concept of
‘maximum available resources’ and how various propositions and
arguments put forward by academics interact and enrich these
definitions
develop a broad, cross-disciplinary framework of ‘maximum available
resources’ to encompass theoretical, conceptual and practical
elements of resources in relation to human rights obligations under the
ICESCR
broaden the intellectual, conceptual and theoretical space around ESC
rights obligations and create practical connections within a crossdisciplinary interpretive framework for improved advancement of the
realisation of ESC rights within public discourse and public policy
practice.
To achieve these objectives, the thesis builds on existing scholarship on
resources required for human rights and synthesises the theoretical,
conceptual and practical aspects of relevant disciplines within a human rights
framework.
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