Chapter 3 | Page 125
under the ICESCR-OP might interfere with the national policy making and
budgetary process.111 The key issues were that resource allocation decisions
would better be left to the States and the Committee should not interfere with
the process.112 Some also questioned whether the allocation of resources can
be a legitimate issue under the Optional Protocol.113 These discussions clearly
point to recognition of the State’s primary role in resource allocation as an
integral part of the realisation of the ESC rights.
One of the central, yet extremely difficult, questions in relation to resource
allocation for ESC rights is that of the trade-offs involved in terms of what can
be achieved today with available resources against what future resource
potential that can be achieved through further investments in non-ESC rights
areas. Calculations conducted by Susan Randolph and Patrick Guyer shows
that fulfilling ESC rights now has the effect of enhancing future resources
capacity thereby expanding the potential for enhanced ESC rights fulfilment in
the future.114 To this effect, the feasible level for a State to achieve its ESC
rights obligations within available resources and the progress it makes in
fulfilling these rights with increased available resources can be effectively
analysed using the Achievement Possibility Frontier (APF) proposed by
Randolph, Fukuda-Parr, and Lawson-Remer.115 The APF can also be used to
111
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its first session, 60th sess, UN Doc E/CN.4/2004/44 (15 March 2004), [21]; Economic
and Social Council, Report of the open-ended working group to consider options regarding
the elaboration of an optional protocol to the International Covenant on Economic, Social
and Cultural Rights on its second session, 61st sess, UN Doc E/CN.4/2005/52 (10
February 2005), [6].
112
Report of the Open-ended Working Group to consider options regarding the elaboration
of an optional protocol to the International Covenant on Economic, Social and Cultural
Rights on its third session, E/CN.4/2006/47, above n 54, [14] [21] [89].
113
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its first session, E/CN.4/2004/44, above n 111, [57].
114
See for example, Susan Randolph and Patrick Guyer, 'Tracking the Historical Evolution of
States’ Compliance with their Economic and Social Rights Obligations of Result: Insights
from the Historical SERF Index' (Working Paper No 18, The Human Rights Institute University of Connecticut, <http://web2.uconn.edu/economics/working/18.pdf>.
115
Sakiko Fukuda-Parr, Terra Lawson-Remer and Susan Randolph, 'Measuring the
Progressive Realization of Human Rights Obligations: An Index of Economic and Social
Rights Fulfillment' (Economics Working Papers. Paper 200822 University of Connecticut,
Department of Economics; Randolph and Guyer.
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