For Want of Resources: Reimagining the State's Obligation to Use 'Maximum Available Resources' for the Progressive Realisation of Economic, Social and Cultural Rights
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
