Chapter 1 | Page 7 disposition given the vast array of economic, social and political variables that determine the ability of the State to mobilise and allocate resources to advance its policy objectives, including human rights. These conceptual difficulties are addressed in the work of several scholars, who identify the notions of ‘maximum available resources’ and associated progressive realisation as the ‘wiggle room’16 or an ‘escape hatch’17 for States when it comes to their obligations with regard to implementing and ensuring the realisation of ESC rights. The concept of ‘maximum available resources’ has also attracted significant consideration and extensive discussion by the Committee on Economic, Social and Cultural Rights (ESCR Committee),18 Special Rapporteurs, and human rights scholars.19 The importance and the need to further explicate this concept is evident in a statement issued by the ESCR Committee in 2007 entitled An Evaluation of the Obligation to Take Steps to the ‘Maximum of Available Resources’ under an Optional Protocol to the Covenant, which provides some insights into how the Committee interprets the concept.20 Although the statement did not provide a comprehensive definition of resources required for the realisation of ESC rights, it identifies a number of broad conceptual parameters of resources including those available 16 See, Robert E Robertson, 'Measuring State Compliance with the Obligation to Devote the "Maximum Available Resources" to Realizing Economic, Social, and Cultural Rights' (1994) 16 Human Rights Quarterly 693-714. 17 See, Eitan Felner, 'Closing the ‘Escape Hatch’: A Toolkit to Monitor the Progressive Realization of Economic, Social, and Cultural Rights' (2009) 1 Journal of Human Rights Practice 402-435. 18 The ESCR Committee comprises 18 independent experts and is responsible for monitoring the implementation of the Covenant and from time to time provides its interpretation of the provisions of the Covenant in the form of General Comments. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant. 19 For example, Committee on Economic, Social and Cultural Rights, An evaluation of the Obligation to take steps to the "Maximum Available Resources" under an Optional Protocol to the Covenant, 38th sess, UN Doc E/C.12/2007/1 (10 May 2007); María Magdalena Sepúlveda, The Nature Of The Obligations Under The International Convenant On Economic, Social And Cultural Rights (Intersentia, Utrecht, 2003); Danilo Türk, The Realization of Economic, Social and Cultural Rights, 44th sess, Agenda Item 8 of the provisional agenda, UN Doc E/CN.4/Sub.2/1992/16 (3 July 1992). 20 An evaluation of the Obligation to take steps to the "Maximum Available Resources" under an Optional Protocol to the Covenant, E/C.12/2007/1, above n 19, [4].

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