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HUMAN RIGHTS QUARTERLY
Vol. 39
of social welfare-type goods given its available resources and not according
to whether or not it fulfils this basket absolutely. Measuring compliance,
therefore, requires an understanding of what in fact amounts to ability. Which
and whose resources are available: Are they financial, human, natural, or
technological? And might it be the case that efforts made on the part of the
duty-bearer to comply with its obligations are a function of factors other
than resources? The discussion that follows seeks to put flesh on the ability/
resources bones in order to identify and set limits to the factors that may
facilitate or militate against a duty-bearer in its fulfillment of social rights.
A. Financial Resources
It comes as little surprise that the relationship between financial resources
and desirable social outcomes is a positive one.38 Financial resources are
necessary for the provision of all kinds of social goods, services, and facilities, from the very basic (such as child immunization and primary education)
to the more advanced (such as medicines and the recruitment and training
of specialized teaching staff). They play an important role in determining a
duty-bearer’s ability to fulfill social rights.
Importantly, in determining maximum available resources, I would argue
it is a country’s total financial resources that count, not the amount of the
national budget it actually spends on social goods, services, and facilities.
Philip Alston and Gerard Quinn report several examples from the ICESCR’s
drafting history instantiating this point.39 For example, it may be the case that
two countries with the same national income, Y, choose to apportion their
financial resources differently. One country chooses to devote 10 percent
of Y to social welfare-type goods, while the other chooses to devote only
2 percent. Where assessing a duty-bearer’s social rights performance with
respect to its maximum available resources is concerned, the task is not an
assessment of what the expected level of social welfare attainment should be
given the employment of either 10 percent or 2 percent of national income.
This, as David Bilchitz convincingly argues, would “allow the government
38. Across all 188 countries reported in the UNDP Human Development Report 2015,
the correlation between Human Development Index (HDI) scores and Gross National
Income (GNI) per capita (2011 PPP$) for 2014 is +0.74. This indicates a significant
positive relationship between the two variables: as income increases so do economic
and social outcomes. United Nations Development Programme, Human Development Report
2015: Work for Human Development (2015).
39. For example, 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 budget appropriations.”
Philip Alston & Gerard Quinn, The Nature and Scope of States Parties’ Obligations under
the International Covenant on Economic, Social and Cultural Rights, 9 Hum. Rts. Q.
156, 178 (1987) (quoting Mr. Azkoul, Lebanon).