[C T I i ,41-" 1 1
Due to the seriousness of the situation and lack of any
gender - sensitive approach to the current crisis policy
within the State party, the Committee recommends that
all important policymakers in Greece, including the
European Union institutions and the IMF, cooperate in
setting up an observatory to fully evaluate the impact on
women of the many measures taken during the economic
and financial crisis. Furthermore, a comprehensive
gender equality policy should be developed in order to
respond to the crisis and make sure that the obligations
under the Convention and the aim and spirit of the
Treaty of the functioning of the European Union, which
requires that in "all its activities the Union shall aim to
eliminate inequalities, and to promote equality, between
men and women," can be fully implemented by the State
party. 22
The foregoing pronouncements illustrate that any state attempting to
restructure its growing public debt, which was caused by poor public and
private sector management, at the expense of economic and social rights.
As such, the public resources available for social expenditure decline
substantially. This can lead to the decrease of level of effective
protection of economic and social rights.23 As a consequence, states
cannot provide an equal level of access to health care, social housing,
water, and food. Access to university education is thereafter often
subjected to increasing tuition fees, and there are often more pupils per
class in primary and secondary education. All in all, the enjoyment of
economic and social rights and economic crises are directly intertwined
and correlated.24
III. CLARIFYING OBLIGATIONS OF TERRITORIAL STATES UNDER SOCIOECONOMIC RIGHTS
States are often described as primary duty-holders in international
human rights law. Traditionally, states are obliged to protect human
rights within their territory. This article, therefore, first examines
obligations of territorial states in relation to economic and social rights.
International Covenant on Economic, Social and Cultural Rights
(ICESCR) provides in Article 2 (1) that states shall undertake "steps,
individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available
22 Id. at Para. 40.
23
Ariaranga
G.
Pillay,
Open letter to state parties, May
16,
2012,
available at
http://www2.ohchr.org/english/bodies/cescr/docs/LetterCESCRtoSP1 6.05.12.pdf.
24 See generally Sabine Michalowski, Sovereign Debt and Social Rights-Legal Reflections on a
Difficult Relationship, 8 HUMAN RIGHTS L. REV., 35-68 (2008). See also Christian Barry, Sovereign
Debt, Human Rights, and Policy Conditionality, 19 THE JOURNAL OF POLITICAL PHILOSOPHY, 282305 (2011).