Similarly, human rights monitoring bodies should deepen the analysis of the principles that guide
resource mobilisation efforts. The potential of the principle of ‘sustainability’ is particularly worth
stressing here. The criteria for ‘sustainability’ have hardly been addressed except in relation to natural
resources, and then only in a few instances. The criteria should be defined more clearly and applied
systematically. If, for instance, a state borrows heavily to finance human rights-promoting interventions,
might a resulting unsustainable debt burden be considered inconsistent with human rights?
Fortunately, scholars, advocates and practitioners have discussed these obligations and principles
extensively, in most of the cases providing a much clearer and more comprehensive understanding of
the legal obligations they entail.158 Thus, special procedures and treaty bodies’ next step should be to:
• provide additional clarity about obligations that are the foundations of the duty to mobilise
resources; to this end, they can be guided by the work of scholars, advocates and practitioners that
have discussed these obligations and concepts extensively, in most cases providing a much clearer
and more comprehensive understanding of the legal obligations they entail;
• deepen the analysis of the principles that should guide resource mobilisation efforts; and
• be prepared to address new and emerging challenges related to resource mobilisation.
158 For recent bibliography, see, eg, Aoife Nolan, Rory O’ Connell and Colin Harvey (eds) Human Rights and Public Finance:
Budgets and the Promotion of Economics and Social Rights (Hart Publishing 2013); Aoife Nolan, Nicholas Lusiani and
Christian Courtis, ‘Two steps forward, no step back? Evolving criteria on the prohibition of retrogression in economic
and social rights’ in Aoife Nolan, Economic and Social Rights after the Global Financial Crisis (Cambridge University Press
2014); Aoife Nolan, Rory O’Connell, Colin Harvey, Mira Dutschke and Eoin Rooney, Applying an International Human
Rights Framework to State Budget Allocations. Rights and Resources (Routledge 2014); Shareen Hertel and Lanse Minkler,
Economic Rights: conceptual, measurement, and policy issues (Cambridge University Press 2007); Radhika Balakrishnan et al,
Maximum Available Resources & Human Rights: Analytical Report (Center for Women’s Global Leadership 2011); Sigrun
Skogly, ‘The Requirement of Using the ‘Maximum of Available Resources’ for Human Rights Realisation: A Question of
Quality as Well as Quantity?’ (2012) 12 Human Rights Law Review 393; and Alison Graham, National debt versus the right
to social security: What are states’ obligations during a financial crisis be interpreted? (2016) PhD thesis, Lancaster University.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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