VOLUME 11
economic risk." 61 Such reasoning reminisces on the minimum core
concept of the CESCR Committee, however without including
reasonableness test. The Committee further elaborated on economic and
social rights in five complaints against Greece, 62 where it adopted the
combination of the minimum core approach and reasonableness test of
state compliance with their obligations under economic and social rights.
The Committee held in Federation of Employed Pensioners of Greece
(IKA-ETAM) v. Greece that "even when reasons pertaining to the
economic situation of a state party make it impossible for a state to
maintain their social security system at the level that it had previously
attained, it is necessary . . . for that state party to maintain the social
security system on a satisfactory level that takes into account the
legitimate expectations of beneficiaries of the system and the right of all
persons to effective enjoyment of the right to social security. ' ' 63 The
Committee does not require a state party to maintain the equal level of
rights in times of crime; as it takes a more cautious, reasonable, and
humane approach to the difficulties faced by governments in times of
crises. Nonetheless, the Committee held that "the Government has not
conducted the minimum level of research and analysis into the effects of
such far-reaching measures that is necessary to assess in64 a meaningful
manner their full impact on vulnerable groups in society."
However, states also seek to justify the adoption of the austerity
measures, which affect economic and social rights. In a private law
setting, a debtor would be obliged to repay her debt to the creditor,
unless it declares insolvency. In a sovereign financing context, a state is
also liable to repay its debt to creditor, being another state, international
organisation or corporation. However, states are often faced with
multiple obligations they need do address. Further, the ranking of
repayment of such obligations is not clear. 65 Dowell-Jones and Kinley
aptly noted that "human rights are intimately tied up with the economic
health of the state, as well as, of course, much else besides." 66 In
answering these questions, a dilemma arises: should a state give priority
to repayment of its public debt or should it first ensure that it observes, at
very least, reasonable minimum essential level of every economic and
social right? Respect for economic and social rights and sovereign
61 European
Comm. of Soc. Rights, complaint No. 66/2011, General Federation of Employees
of the National Electric Power Corporation (GENOP-DEI) / Confederation of Greek Civil Servants'
Trade Unions (ADEDY) v. Greece; Decision on the merits, 23 May 2012, para. 47.
62 European Comm. of Soc. Rights, No. 80/2012, Pensioner's Union of the Agricultural Bank
of Greece (ATE) v. Greece No. 79/2012 Panhellenic Federation of Pensioners of the Public
Electricity Corporation (POS-DEl) v. Greece; No. 78/2012 Pensioners' Union of the Athens-Piraeus
Electric Railways (I.S.A.P.) v. Greece; No. 77/2012 Panhellenic Federation of Public Service
Pensioners v. Greece No. 76/2012 Federation of Employed Pensioners of Greece ((IKA -ETAM) v.
Greece.
63 European Comm. of Soc. Rights, Complaint No. 65/2011, Federation of Employed
Pensioners of Greece (IKA-ETAM) v. Greece, Para. 69.
64Id. at. Para. 79.
65 Anna Gelpern, Building a Better Seating Chartfor Sovereign Restructurings,53 Emory L.J.,
1119, 1142-1147 (2004).
66Dowell-Jones, supra note 7, at 184.