A/66/269
3.
Ensuring the provision of maximum available resources
13. The International Covenant on Economic, Social and Cultural Rights, 13 the
Convention on the Rights of the Child 14 and the Convention on the Rights of
Persons with Disabilities 15 are all explicit about States parties’ obligations to
provide maximum available resources to ensure the enjoyment of human rights.
14. In its general comment on the nature of States parties’ obligations, the
Committee on Economic, Social and Cultural Rights underlined that even where the
available resources are inadequate for the realization of economic and social rights,
the obligation remains for a State party to strive to ensure the widest possible
enjoyment of those rights under the prevailing circumstances, to monitor the extent
of their realization, and to devise strategies and programmes for their promotion. 16
Mentions of resources refer to financing, but not exclusively.
4.
Providing international assistance and cooperation
15. Under the International Covenant on Economic, Social and Cultural Rights,
States have an obligation to take steps individually and through international
assistance and cooperation, to the maximum extent of their available resources, with
a view to achieving the progressive realization of rights. The specific obligations of
the international community towards financing the right to education have been
underlined by the Committee on Economic, Social and Cultural Rights. 17 At the
same time, States requiring international assistance must seek and manage aid in
accordance with human rights norms and standards.
16. By virtue of the principle of international solidarity, least developed countries,
faced with serious financial constraints, deserve such assistance, a priori.
Development partners must provide “financial and technical support” to those
countries “to implement their national education plans and programmes, including
increased accessibility in rural and remote areas”. For their part, the least developed
countries need to strengthen their national education systems. 18
17. A number of political declarations on international aid underline the need for
the adequate management of domestically available resources by recipient countries,
which must contribute to the enhanced sustainability of development efforts. For
example, through the 2005 Paris Declaration on Aid Effectiveness, partner countries
commit themselves to “intensify efforts to mobilize domestic resources, strengthen
fiscal sustainability and create an enabling environment for public and private
investment”. 19 Similarly, the United Nations Global Compact launched by the
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13
14
15
16
17
18
19
6
Article 2.1.
Article 4.
Article 4.2.
Committee on Economic, Social and Cultural Rights, General Comment No. 3, para. 11.
Committee on Economic, Social and Cultural Rights, General Comment No. 11 (1999), para. 9,
and General Comment No. 3 (1990), para. 14.
Programme of Action for the Least Developed Countries for the Decade 2011-2020, adopted by
the Fourth United Nations Conference on the Least Developed Countries, held in Istanbul from
9 to 13 May 2011 (A/CONF.219/3/Rev.1), para. 74.2 (a) and 1 (c), and para. 72.1 (c).
Paris Declaration on Aid Effectiveness, Part I: Statement of Resolve, para. 25. The Statement of
Resolve reflects commitment to strengthening partner countries’ national development strategies
and associated operational frameworks (e.g. planning, budget, and performance assessment
frameworks) and “defining measures and standards of performance”.
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