Chapter 5 | Page 187 in which the flow and utilisation of resources reflect the needs, aspirations and human rights demands of the population. Considering the necessity for augmenting international assistance and cooperation from the perspective of resources required for the realisation of ESC rights as presented in Chapter 3, this chapter examines the structures, institutional arrangements, inadequacies and limitations of the international assistance regime from an ESC rights perspective and identifies policy options for developing States to maximise the flow of international aid and resources for ESC rights purposes. Building on the model of ‘maximum available resources’ in the context of ESC rights, it provides an in-depth analysis of current practices in international assistance and co-operation and suggests how such co-operation can be expanded. The argument is that assistance and co-operation are an important component of ‘maximum available resources’ in the realisation of ESC rights and that, with more concerted policy efforts, States can enhance the quantity and quality of these resources. The first section surveys current practices, including bilateral, multilateral and regional aid and assistance mechanisms, to identify their key characteristics and how they relate to the concept of resources within an ESC rights frameworks. This is followed by an examination of existing processes of aid delivery and allocation and how they impact human rights realisation in developing countries. This analysis is not intended to be a general critique of international assistance and co-operation; rather, its purpose is to establish its relevance as a form of ‘resource’ that needy States can tap into in their efforts to realise ESC rights obligations. The chapter then identifies gaps in international assistance practice that need to be addressed in order to better meet human rights obligations. Some findings from a qualitative analysis of State reports under the ICESCR are included to provide empirical support to the discussion. The last part of the chapter explores new approaches to maximising resources through international assistance and co-operation and allowing States more policy space in which to perform their human rights obligations more effectively and efficiently.

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