regard. First, they noted that, "Although the full realization of the rights recognized in the Covenant
is to be attained progressively, the application of some rights can be made justiciable immediately
while other rights can become justiciable over time" (para. 4). Second, the principle of progressive
realization cannot be a pretext for not taking immediate action: "All States parties have an obligation
to begin immediately to take steps towards full realization of the rights contained in the Covenant"
(para. 16). Instead, the obligation “to achieve progressively the full realization of the rights”, as
stipulated in art. 2 para. 1 of the Covenant, "requires States parties to move as expeditiously as
possible towards the realization of the rights. Under no circumstances shall this be interpreted as
implying for States the right to deter indefinitely efforts to ensure full realization. On the contrary all
States parties have the obligation to begin immediately to take steps to fulfil their obligations under
the Covenant" (para. 21). Third, though resources available to each State matter to assess the scope
of that State's obligations to realize economic, social and cultural rights, the experts agreed that each
State must "ensure respect for minimum subsistence rights for all", "regardless of the level of
economic development" (para. 25).
The views expressed by the Limburg Principles found their way into the doctrine elaborated by the
Committee on Economic, Social and Cultural Rights when it adopted General Comment No. 3,
detailing the nature of States's obligations under Article 2(1) of the Covenant (CESCR 1990). The
General Comment emphasized that, while this provision allowed for a certain flexibility and
acknowledged the constraints States face due to a lack of available resources, "the undertaking [...]
"to take steps", [...] in itself, is not qualified or limited by other considerations"; therefore, "while the
full realization of the relevant rights may be achieved progressively, steps towards that goal must be
taken within a reasonably short time after the Covenant's entry into force for the States concerned.
Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the
obligations recognized in the Covenant" (para. 2): the aim should be to "move as expeditiously and
effectively as possible" towards the full realization of the right of the Covenant (para. 9).
In General Comment No. 3, the Committee also expressed the view that "a minimum core obligation
to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is
incumbent upon every State party" (para. 10). Though it has its source in the work of the
International Labour Organisation (ILO 1982), the reference to "basic needs" or to "minimum
subsistence rights" found support in particular with Philip Alston, a member of the Committee
present in Maastricht. Writing in his academic capacity, Alston urged that the Committee should
“find a way of conveying to states the fact that priority must be accorded to the satisfaction of
minimum subsistence levels of enjoyment of the relevant rights by all individuals” (Alston 1987: 359‐
360). Yet, the Committee felt compelled to add one proviso, noting that even at this level, for the
satisfaction of the core obligations, the lack of available resources cannot be dismissed as irrelevant:
"In order for a State party to be able to attribute its failure to meet at least its minimum core
obligations to a lack of available resources it must demonstrate that every effort has been made to
use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those
minimum obligations" (para. 10). In 1997, the Maastricht Guidelines on Violations of Economic,
Social and Cultural Rights would state that the minimum core obligations referred to in General
Comment No. 3 "apply irrespective of the availability of resources of the country concerned or any
other factors and difficulties" (para. 9). This however is not an accurate reading of the Committee's
own position. Although it is true that (as stated again by the Maastricht Guidelines) "resource
scarcity does not relieve States of certain minimum obligations in respect of the implementation of
economic, social and cultural rights" (para. 10; emphasis added), it does facilitate the burden of the
State asked to justify why it has failed to satisfy the minimum obligations prescribed.
But how is the "core content" of the rights listed in the Covenant to be defined? Providing such a
definition as regards the right to food is relatively straightforward. Article 11 of the Covenant refers
in its second paragraph to "the fundamental right of everyone to be free from hunger", in addition to
14
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction