Chapter 3 | Page 97
This chapter presents a review of the concept of ‘maximum available
resources’ in the human rights literature and develops a more inclusive and
concrete model of the concept of resources that is in keeping with the practical
implications of ESC rights policy on the ground. It draws on seminal works in
the area, builds on and expands the concepts of resources, mobilisation and
allocation decisions and their impact on ESC rights realisation and uses a
cross-disciplinary model to incorporate these concepts into public policy and
general human rights practice.
This cross-disciplinary model for ‘maximum available resources’ draws its
theoretical underpinnings from economics, public policy and public finance to
provide better understanding of how States’ resource policies should be
shaped to reflect their human rights obligation under the ICESCR. Particular
attention is given to the role of appropriate State policies, including fiscal and
monetary policies and engagement with the private and international sectors,
to enhance the quality and quantity of resources potentially available for ESC
rights. The argument presented here supports and builds upon the view
espoused by some ESC rights scholars that non-financial resources, such as
human resources, natural resources and technological resources, can form
part of the resources matrix.
The first section below discusses existing theoretical and conceptual
interpretations of ‘maximum available resources’ and develops a new crossdisciplinary model. The following section explores arguments for maximising
resource mobilisation, including financial and non-financial resources, and
discusses the policy dimensions of resource mobilisation. The final sections
deal with aspects of resource allocation and governance which form essential
parts of the resource model presented in this chapter which, in turn, provides
the basis for subsequent chapters.
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