maximum available resources obligation

Question 1

how do we measure it?

Answer 1

Human Rights bases budget approach

Question 2

what does the budget must reflect?

Answer 2

adequacy, priority, equity

Question 3

Give HIV cases as an example

Answer 3

• South African Minister of Health and Treatment Action Campaign (2004)
• Campodonico de Bevilacqua, Ana Carina vs. Ministerio de Salud y Banco Drogas Neoplasicas (2000)
• Pabellon 13, 2014
• Rivera, 1992

Question 4

give an example of a doctrine

Answer 4

existenz minimum (min core obligations)

Question 5

What are some things that can determine if people are homeless?

Answer 5

• existence of vital leave if left unsatisfied would injure human dignity
• material absence of family support
• incapability to sustain one’s need

Question 6

give three aspects

Answer 6

• Provide specific direction in the implementation of ESCR
• Advancement of a baseline level of protection
• signaling an acceptable global redistributive debate

Question 7

what are the optional protocol to the ICESCR?

Answer 7

• individual or group complaints
• Inter-State communications
• Inquiry procedures
• The recommendations are not binding but are highly authoritative (LOOK AT PROCEDURE)

Question 8

explain 3 basic measures with international public law considering the Extraterritoriality of ESCR

Answer 8

• UN security sanctions
• military occupation (NATO, blue helmets)
• International assistance and cooperation **
  ** 3rd is the only real applicable to ESCR