Chapter 2 | Page 89
conditions at work,213 work place safety,214 and strengthening labour
inspectorates.215 Equitable distribution of resources and better access to
services for those in need are also discussed,216 along with accelerated growth
and employment creation strategies to combat poverty and disparity between
urban and rural areas.217
While acknowledging challenges faced by developing countries in the
implementation of ESC rights policies, the ESCR Committee also has
reminded the States to be serious about their obligation to use ‘maximum
available resources’. For example, in the Concluding Observations on Nepal
in 2008, the Committee stated:
While noting that Nepal is a low income country and its resources are
correspondingly limited, the Committee reminds the State party that it is
obliged to comply with its Covenant obligations to the maximum of its available
resources.218
On Cambodia, the Committee noted that:
The Committee urges the State party to ensure that maximum available
resources are allocated for the protection and fulfilment of economic, social
and cultural rights, especially to the most vulnerable and marginalized
individuals and groups.219
These examples indicate that resource commitment is broad and must cover
all rights, although a particular quantity or level of commitment may not be
easy to identify.
213
CESCR, Concluding observations: Trinidad and Tobago, E/C.12/1/Add.80 (5 June 2002),
[43].
214
CESCR, Concluding observations: Ukraine, E/C.12/1/Add.65 (24 September 2001), [26].
215
CESCR, Concluding observations: Russian Federation, E/C.12/1/Add.94 (12 December
2003), [47]; CESCR, Concluding observations: Uzbekistan, E/C.12/UZB/CO/1 (24 January
2006), [51].
216
CESCR, Concluding observations: Benin, E/C.12/1/Add.78 (5 June 2002), [29]; CESCR,
Concluding observations: Kyrgyzstan, E/C.12/1/Add.49 (1 September 2000), [29].
217
CESCR, Concluding observations: Togo, E/C.12/TGO/CO/1 (3 June 2013), [22]; CESCR,
Concluding observations: Gabon, E/C.12/GAB/CO/1 (27 December 2013), [25].
218
CESCR, Concluding observations: Nepal, E/C.12/NPL/CO/2 (16 January 2008), [40].
219
CESCR, Concluding observations: Cambodia, E/C.12/KHM/CO/1 (12 June 2009), [38].
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