Chapter 1 | Page 12
1.2.4 ‘Maximum’ of resources
In the context of resources, the concept of ‘maximum’ should connote
maximising both the mobilisation and allocation of resources. Here, ‘maximum’
should be taken as the ‘greatest amount, extent, or intensity possible,
permitted, or recorded’,31 which in the case of State resources must represent
the broadest possible definition of resources in mobilisation and the most
inclusive methods of allocation.
Identifying the optimum level of resource allocation, thus determining what is
‘maximum’ for the purpose of State obligation, involves complex and multiple
considerations. Allocative decisions and choice-making as well as calculating
trade-offs in various policy decisions require stronger empirical analysis and
often does not have a simple or conclusive economic answer.32 Granted that
the State has limited resources and a large number of competing priorities
(including non-human rights policy objectives), determining what proportion of
the available resources must be allocated for ESC rights goals and, by
implication, the level under which the State should not fall in terms of its
resource commitments for ESC rights, becomes a key issue in the ESC rights
policy process.
Because many of the core functions of a State require a significant amount of
resources, decisions about resource allocation between and among
competing objectives and priorities is often not driven by informed and
calculated obligation matrices or even by public expectations. These decisions
are, more often than not, driven by political considerations and are not
necessarily reflective of public expectations and demands at all times. This
congruence between public expectation and policy design depends on the
nature of governance, democratic institutions, and cultural and economic
factors, as well as on the overall organisation and capacity of civil society.
31
Oxford Dictionaries (Online), Oxford University Press
<http://www.oxforddictionaries.com/>.
32
See for example, Malcolm Langford, 'Social Security and Children: Testing the Boundaries
of Human Rights and Economics' in Bard A Andreassen, Stephen P Marks and Arjun
Sengupta (eds), Freedom from Poverty as a Human Right: Economic Perspectives
(UNESCO, 2009).
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