Chapter 1 | Page 42
respect, protect and fulfil these rights within many areas of State capacity,
especially within the economic, political and policy domains, through an activist
approach. This line of inquiry will contribute to the empowerment of human
rights activists and advocates to demand government action and
accountability when and where such action is deemed necessary for the
enjoyment of these rights.
1.6 THESIS STRUCTURE
This thesis is divided into nine chapters, including this introduction and a
concluding chapter. This chapter has presented the background, rationale,
objectives and methodology. The seven substantive chapters are grouped into
three parts.
Part I (Chapters 2 and 3) provides a detailed account of the academic
perspectives relevant to the international legal obligations derived from the
ICESCR and a comprehensive literature review on the concept of ‘maximum
available resources’. Chapter 2 begins with an overview of the obligations on
States derived from the ICESCR. Against this background, the chapter
outlines the language and character of human rights obligations derived from
the ICESCR and other international human rights instruments and locates the
‘resources’ requirements for the realisation of these rights. Chapter 3 reviews
the concept of ‘maximum available resources’ in detail, drawing on existing
human rights literature and relevant information from the drafting history of the
Covenant. A cross-disciplinary conceptual model for ‘maximum available
resources’ in the context of ESC rights is then developed to provide the
foundation for subsequent arguments and analyses.
Part II (Chapters 4, 5 and 6) elaborates on the cross-disciplinary approach to
the obligation to use ‘maximum available resources’ presented in Chapter 3,
and addresses policy approaches to resource maximisation. Chapter 4
explores the macroeconomic dimensions of maximising domestic financial
resources, with particular emphasis on government revenue and expenditure,
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