As discussed in this study, in the six years since this conclusion was reached – and maybe even triggered
by this same assessment – treaty bodies and special procedures have increasingly adopted a broader
interpretation of the notion of resources. Though they have not provided a clear definition, monitoring
bodies seem now to assume that not all resources are monetary. Resources they name as relevant to
human rights realisation include natural, human, technological, organisational, informational and
administrative.32 This broad interpretation is even in line with the ICESCR’s drafting history. During
the drafting process, the Lebanese representative noted ‘it must be made clear that the reference [to
resources] was to the real resources of the country and not to budgetary appropriations’.33
In line with the Limburg Principles on the Implementation of the International Covenant on
Economic, Social and Cultural Rights (the ‘Limburg Principles’),34 which indicate that states have an
obligation to develop societal resources as a way of increasing their available resources, human rights
monitoring bodies have also suggested that states’ investment in employment, education, training
and healthcare should be increased for resource mobilisation.35 Investing in accessible and quality
education is an example that has been put forward as a measure that has strong medium- and longterm effects – both as a right in itself and as a means of expanding a state’s assets36 – and therefore
on the resources available to support human rights in the long term. Along the same lines, the
importance of systematically supporting ‘parents and families which are among the most important
“available resources” for children’ has been highlighted.37
While the current interpretation of human rights monitoring bodies of the notion of resources
encompasses financial and non-financial, some questions remain as to the nature of the resources.
Special procedures and treaty bodies should strengthen the interpretation of resources as a dynamic
concept, and states as active agents in the mobilisation of resources. In addition, they should
emphasise that adherence to the rule of law is an essential concomitant to this. Regardless of the
nature of the resources, if they are being corruptly diverted, their potential will be lost.
32
CRC, ‘Day of general discussion on “resources for the rights of the child – responsibility of states.” Recommendations
from the Committee on the Rights of the Child’ (21 September 2007), 46th session of the CRC, paras 24–25. See also
Aoife Nolan, ‘Economic and Social Rights, Budgets and the Convention on the Rights of the Child’, (2013) 21(2)
International Journal of Children’s Rights 248.
33
‘Summary Records of the 271st meeting of the Commission on Human Rights’ (1952) UN Doc E/CN.4/SR.271, p 5.
34
The Limburg Principles were adopted in 1986 by a group of distinguished international experts in international law.
They provide a comprehensive framework for understanding the legal nature of ICESCR norms and are widely used,
including by special procedures and the CESCR itself, as a means of interpreting those norms. Limburg Principles on
the Implementation of the International Covenant on Economic, Social and Cultural Rights, UN Doc E/CN.4/1987/17
(1987), Annex, reprinted in (1987) 9(22) Human Rights Quarterly 122.
35
See, eg, CESCR Concluding Observations, Democratic Republic of the Congo, 16 December 2009, E/C.12/COD/
CO/4, paras 16–17.
36
‘Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of
States on the full enjoyment of human rights, particularly economic, social and cultural rights, Juan Pablo Bohoslavsky’
(2016) UN Doc A/HRC/31/60, para 68.
37
CRC, ‘Day of general discussion on “resources for the rights of the child – responsibility of States.” Recommendations
from the Committee on the Rights of the Child’ (21 September 2007), 46th session of the CRC, paras 24–25. See also
Aoife Nolan, ‘Economic and Social Rights, Budgets and the Convention on the Rights of the Child’, (2013) 21(2)
International Journal of Children’s Rights 248.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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