Chapter 1 | Page 14
In summary, considerations related to resource requirements for ESC
rights―in particular, the interpretation of ‘maximum available resources’―
involve a complex set of applicable concepts and models. Further scholarly
effort is required to relate these concepts to human rights theory and practice.
Such efforts should be informed by understanding that human rights objectives
are part of the broad social, economic and political objectives of the State and
that resource requirements for these areas are heavily influenced by political
and social priorities.
The requirement for allocation of the ‘maximum of available resources’ for ESC
rights objectives must be considered in the context of the State resource
allocation matrix. For this to be practical, more nuanced explanations of the
process of public sector finance and policy priority-setting in the allocation of
resources for programmes and activities are necessary. This will go a long
way towards objectively identifying State efforts in the area of ESC rights
realisation.
1.3 RESEARCH OBJECTIVES
As discussed above, the concept of ‘resources’ for the realisation of ESC rights
has been increasingly recognised as a key element of interest within ESC
rights scholarship. In particular, in recent years, scholars have explored
various aspects of the obligation to use ‘maximum available resources’ for the
progressive realisation of ESC rights and have addressed some conceptual
parameters of resources in this context, including the definitional problems of
‘maximum available resources’.34 These seminal works provide the necessary
conceptual background to the present study and have guided its focus and
practice orientation.
The main aim of this study is to provide a re-conceptualisation and broader
interpretation of the concept of ‘maximum available resources’ proclaimed in
34
See for example, Robertson, above n 16; Balakrishnan et al, above n 14; Elson,
Balakrishnan and Heintz, above n 14; Skogly, above n 14.
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