Chapter 3 | Page 134
approaches are reasonable, they are not consistently applied in the
Concluding Observations.
There is clearly an urgent need for State action in the area and the Committee
needs to be proactive in creating objective standards and measures to ensure
that the States are serious about the obligation to use ‘maximum available
resources’.166 To this effect, States also need to be more serious and proactive
in reporting to the Committee about the nature of policy actions and challenges
in relation to their implementation of ESC rights obligations.167
Several human rights monitoring tools include resource-related elements in
their parameters. For example, the Social and Economic Rights Fulfilment
Index (ESRF Index) developed by Fukuda-Parr, Lawson-Remer and Randolph
uses the ‘ratio approach’ and the ‘achievement possibilities frontier method’ to
measure progressive realisation subject to ‘maximum available resources’
based on available survey-based objectives, and focuses on State obligation
rather than individual enjoyment alone.168 The approach proposes two
separate indices (ESRF-1 and ESRF-2) for low- and middle-income countries
and high income countries, respectively.169 Unlike other socio-economic
indicators used to measure the rights-holders’ enjoyment of economic and
social rights, the ESRF index incorporates the role of the State as the dutybearer, and provides scores and rankings of State policies and their impact on
the fulfilment of ESC rights. While this approach captures important elements
of State policy, the high level of aggregation, statistical methodology and focus
on cross-State comparison limits its applicability.
166
Saul, Kinley and Mowbray, above n 92, 145.
167
For example, this was highlighted by the Committee in its Concluding Observations on
Togo. See CESCR, Concluding observations: Togo, E/C.12/1/Add.61 (21 May 2001), [3].
168
Sakiko Fukuda-Parr, Terra Lawson-Remer and Susan Randolph, 'An Index of Economic
and Social Rights Fulfillment: Concept and Methodology' (2009) 8 Journal of Human
Rights 195-221; 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 No 200822,
University of Connecticut, Department of Economics).
169
Fukuda-Parr, Lawson-Remer and Randolph, above n 168.
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