ensured debt relief, investment flows and business opportunities in Myanmar worked to guarantee
human rights realisation for that nation’s populace.75
In order to prove the use of the maximum available resources, developing states should demonstrate
that, where necessary, they have made every effort to seek and implement international assistance
and cooperation for human rights realisation.76 States’ reports should also identify any particular
technical-assistance or development-cooperation needs they may have. In addition, it is essential that
they report on adherence to the rule of law at the national level. Without this, international assistance
can be corruptly diverted from its intended beneficial consequences.
2.2 Obligations related to resource mobilisation
In reference to economic, social and cultural rights-related obligations, relevant treaties’ (eg,
ICESCR) texts include qualifiers that have been interpreted as implying states’ additional obligations.
These obligations are:
• to continuously improve conditions;
• the prohibition of deliberately retrogressive measures;
• to accord a degree of priority to human rights in the allocation of resources;
• to monitor realisation, and devise implementation strategies and programmes; and
• to insure a minimum core level of each economic, social and cultural right.
The obligation to continuously improve conditions
‘[W]ith a view to achieving progressively the full realisation of the rights recognised in the present
Covenant’ (Article 2(1) ICESCR) [emphasis author’s own].
According to its ordinary meaning, the term ‘progressive’ means ‘making continuous forward
movement’.77 Thus, the progressive realisation of economic, social and cultural rights requires states
75
‘Report of the Special Rapporteur on the situation of human rights in Myanmar (the ‘Special Rapporteur on Myanmar’),
Tomás Ojea Quintana’ (2013) UN Doc A/HRC/22/58, paras 33–34.
76
See, eg, CRC, General Comment No 19 (2016) on public budgeting for the realisation of children’s rights (Art 4) (2016)
UN Doc CRC/C/GC/19, paras 35–36; CESCR, General Comment No 22 (2016) on the right to sexual and reproductive
health (Art 12 of the ICESCR) (2016) UN Doc E/C.12/GC/22, para 50. This is also included in Concluding Observations
– see, eg, CESCR Concluding Observations Ukraine E/1996/22, para 271.
77
Oxford Student’s Dictionary (2nd edn, Oxford University Press 1988).
36
The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017
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