its more general reference in the first paragraph to "the right of everyone to an adequate standard of
living for himself and his family, including adequate food, clothing and housing, and to the
continuous improvement of living conditions". The Committee could therefore easily define the core
obligation corresponding to the right to food as an obligation to "take the necessary action to
mitigate and alleviate hunger" (CESCR 1999: paras. 6, 14 and 17).
The "core obligation" has been defined with greater difficulty as regards other rights listed in the
Covenant. Under article 13 of the Covenant for instance, the Committee considers that the core
content of the right to education 'includes an obligation: to ensure the right of access to public
educational institutions and programmes on a non‐discriminatory basis; to ensure that education
conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance
with article 13 (2) (a) [which provides that primary education shall be compulsory and available free
to all]; to adopt and implement a national educational strategy which includes provision for
secondary, higher and fundamental education; and to ensure free choice of education without
interference from the State or third parties, subject to conformity with “minimum educational
standards" (art. 13 (3) and (4))' (CESCR 1999b: para. 57). In its General Comment No. 14 on the right
to the highest attainable standard of health, the Committee includes in its description of "core
obligations" corresponding to this right, inter alia, the duty to ensure access to health services
without discrimination and to ensure 'equitable distribution of all health facilities, goods and
services'; to ensure access to 'minimum essential food which is nutritionally adequate and safe, to
ensure freedom from hunger to everyone', as well as to ' to basic shelter, housing and sanitation, and
an adequate supply of safe and potable water', and to essential drugs; and to adopt through
participatory means and implement with independent monitoring of progress a national public
health strategy and plan of action (CESCR 2000: para. 43). A similar list is provided in the Committee's
discussions of the right to water (CESCR 2002: para. 37) and of the right to work, where it consists in
an elaborate description of the requirements of non‐discrimination and equal protection of
employment (CESCR 2005: para. 31).
The "core content" of the rights stipulated in the Covenant, it appears from these examples, includes
three components: (i) a non‐discrimination requirement, ensuring that any progress made in the
realization of the right in question benefit all without discrimination, and that where distribution
issues arise, priority be given to the most disadvantaged and marginalized groups; (ii) a basic needs
requirement, ensuring that each individual is not deprived of essential goods or services that keep
him/her safe, physically and emotionally, and protect him/her from permanent social exclusion: this
would include basic shelter, adequate food, water and sanitation, and essential drugs, but also access
to primary education; and (iii) a procedural obligation, requiring from the State that, having
identified the key challenges associated with the realization of each right, it designs and implements
a strategy that will put it on track of moving towards the full realization of the right for all.
This third element is key, because it highlights the inadequacy of a simple opposition between
obligations that are immediate and purely programmatic objectives that do not impose any duties on
States. When the administration of President Jimmy Carter transmitted the Covenant on Economic,
Social and Cultural Rights to the United States Senate for approval in 1978, it accompanied its
presentation by a statement according to which, in the understanding of the U.S., the Covenant
describes "goals to be achieved progressively rather than through immediate implementation". Philip
Alston, reflecting on this a few years later, at a time when he had become the Rapporteur to the
Committee on Economic, Social and Cultural Rights, felt compelled to denouce this approach. There
exists, from the moment of ratification, an immediate requirement to take steps towards full
realization of the right of the Covenant: "The starting point for a program to implement economic
and social rights is to ascertain, as precisely as possible, the nature of the existing situation with
respect to each right, so as to identify more clearly the problems that need to be addressed and
provide a basis for principled policy making" (Alston 1990: 379).
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction