Chapter 2 | Page 92
2.4.3 Effective allocation of available resources: Targeting core
obligations and the most vulnerable
Responsibility on the States to comply with core obligations under the ICESCR
are not limited by the availability of resources, and any failure to utilise
maximum of available resources towards the fulfilment of the rights amount to
a violation of the Covenant obligations.229 Thus, the State is required to
demonstrate that ‘every effort has been made to use all resources that are at
its disposal in an effort to satisfy, as a matter of priority, those core
obligations.’230 Here, the State must take into consideration the full range of
options available in order to effectively target resources towards fulfilling core
obligations.
In its more recent Concluding Observations, the Committee has taken a
stronger stance on States not taking resource allocation seriously. For
example, in the case of Armenia in 2014, the Committee expressed concern
that ‘maximum available resources are not used by the State party to
progressively achieve the full realization of the rights recognized in the
Covenant’231 and went on to recommend that the State take specific steps ‘to
improve the capacity of line ministries on public finance management’232 and
to ‘ensure that resources are effectively allocated according to programme
budgeting criteria, and increase political awareness of the need to allocate
substantial additional resources to health and education’.233
Resources required for the realisation of ESC rights are particularly relevant
in the context of State budgetary resources and the implications of
international assistance and co-operation.234 Given that a State’s programmes
and activities are carried out and reflected through the national budget, which
229
International Commission of Jurists (ICJ), above n 106, [9] [10] [14] [15] [19].
230
An evaluation of the Obligation to take steps to the "Maximum Available Resources"
under an Optional Protocol to the Covenant, E/C.12/2007/1, above n 210, [6].
231
CESCR, Concluding observations: Armenia, E/C.12/ARM/CO/2-3 (23 May 2014), [9].
232
Ibid.
233
Ibid.
234
Skogly, above n 36.
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