ABSTRACT
This thesis provides insights into, additional commentary on and analysis of
the fundamental role of resources in advancing Economic, Social and Cultural
Rights (ESC rights). Its objective is to expand the policy space within which
States can operate to fulfil their obligations related to these rights. It addresses
a number of central questions about the resource dimension of ESC rights
policy, including interpretation of the concept of ‘maximum available
resources’ in the context of the International Covenant on Economic, Social
and Cultural Rights (ICESCR). By applying a cross-disciplinary approach, the
thesis investigates legal, economic and public policy dimensions of resource
mobilisation, allocation and governance that are essential in advancing
progressive realisation of ESC rights.
This thesis proposes that the obligation to take steps to the ‘maximum
available resources’ for the progressive realisation of ESC rights can be made
more meaningful by adopting a broader interpretation of the concept of
resources and by taking active steps to maximise the quality and quantity of
resources available through public sector revenue, international assistance
and co-operation and private sector investment, all of which can be enhanced
through institutional mechanisms and processes of allocation and governance.
This proposition is supported by an in-depth qualitative analysis of relevant
ESC rights literature, interpretive works of the ESCR Committee and Special
Rapporteurs, periodic reports of States, institutional documents and case
studies, which provide evidence on the current understanding and application
of the concept of resources in this context.
Based on analysis of multiple sources of evidence on State practice, this thesis
presents a cross-disciplinary model of the nature, scope and policy dimensions
of resources for ESC rights and suggests how concerted State policy efforts
can optimise their impact on the realisation of ESC rights.
Keywords: Maximum available resources, Economic, Social and Cultural Rights;
economic policy; public policy; progressive realisation