Chapter 1 | Page 16
1.3.1 Research questions
The concept of ‘maximum available resources’ as outlined in Article 2(1) of the
ICESCR has far-reaching implications for the academic understanding of the
nature of ESC rights obligations and State practice. The clarity with which this
concept and its relevant parameters are articulated in human rights
scholarship can, not only strengthen the case for a more serious commitment
to ESC rights, but also help provide a more refined and cohesive approach to
advocacy for ESC rights and monitoring violations of these rights.
To achieve this clarity within a cross-disciplinary framework and to expand the
operational understanding and the intellectual, conceptual and theoretical
space around the concept of ‘maximum available resources’, the following
questions were addressed:
1. What are the existing scholarly interpretations of the concept of
‘maximum available resources’ in the context of the ICESCR and how
do they reflect the nature of State obligations in practice?
2. How can the interpretation of the concept of ‘maximum available
resources’
be
further
enriched
by
applying
cross-disciplinary
perspectives, including legal, economic, public policy and public finance
dimensions, to address policy challenges and approaches to
maximising mobilisation, allocation and governance of resources for the
realisation of ESC rights?
3. What policy approaches can be employed to enhance the mobilisation,
allocation and governance of resources for ESC rights, and what
evidence is available in State practice regarding the practicability of
such approaches?
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