particularly by certain disadvantaged and marginalized groups with regard to the rights to work, to
social security and to health"; it referred Greece to the Letter its Chair addressed on 16 May 2012 to
the States parties on economic, social and cultural rights in the context of the economic and financial
crisis, and recommended that Greece "review the policies and programmes adopted in the framework
of the memorandums of understanding implemented since 2010, and any other subsequent post-crisis
economic and financial reforms, with a view to ensuring that austerity measures are progressively
waived and the effective protection of the rights under the Covenant is enhanced in line with the
progress achieved in the post-crisis economic recovery". It added a broader recommendation that:
The State party [...] ensure that its obligations under the Covenant are duly taken into account
when negotiating financial assistance projects and programmes, including with international
financial institutions.176
The Greek episode was one of the examples that prompted the Committee to adopt a statement,
released on 24 June 2016, in which it noted in particular that:
The State party seeking financial assistance should be aware that any conditions attached to a
loan that would imply an obligation on that State to adopt retrogressive measures in the area of
economic, social and cultural rights that are unjustifiable would be in violation of the Covenant.
The borrowing State should therefore ensure that such conditions do not unreasonably reduce its
ability to respect, protect and fulfil the Covenant rights.177
The important lesson is that, while States which are unable to mobilize enough resources domestically
to discharge their obligations under the International Covenant on Economic, Social and Cultural
Rights should call upon international assistance and cooperation in order to seek support from other
States and from international agencies,178 any conditionalities attached to loans should be consistent
with the requirements of the Covenant.179 Indeed, in its resolution 20/10 endorsing the Guiding
Principles on foreign debt and human rights, the Human Rights Council emphasized that "every State
has the primary responsibility to promote the economic, social and cultural development of its people
and, to that end, has the right and responsibility to choose its means and goals of development and
should not be subject to external specific prescriptions for economic policy".180
The duties of countries confronted with a lack of domestic resources, making it impossible for them to
fulfil economic and social rights without calling for international support, cannot therefore be assessed
without considering the extent to which countries in a position to provide support are complying with
their own international obligations. Yet, while there is a clear duty for States who are unable to
mobilize sufficient domestic resources to fulfil the full range of Covenant rights, to call upon
international assistance and cooperation and to seek to attract resources from abroad, the correlative
duty to respond to any request for support remains ill-defined. As to loans a State may seek to obtain,
they may of course serve to fill a financing gap; but whether this shall support the full realization of
economic and social rights depends on the content of the structural adjustment programmes imposed
on the State concerned by its creditors -- and it is indeed striking that the Committee on Economic,
Social and Cultural Rights has been paying attention in the past, more to the dangers involved in the
accompanying conditionalities, than to the benefits of financing itself. Indeed, this interdependence
176
Committee on Economic, Social and Cultural Rights, Concluding Observations: Greece (E/C.12/GRC/CO/2) (27 October
2015), paras. 7-8.
177
Public debt, austerity measures and the International Covenant on Economic, Social and Cultural Rights (E/C.12/2016/1)
(24 June 2016), para. 4.
178
On this international dimension, see above, text corresponding to notes 151-170.
179
See also Report of the Independent Expert on the effects of foreign debt and other related international financial
obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Cephas
Lumina, Guiding Principles on foreign debt and human rights (A/HRC/20/23) (10 April 2011), which the Human Rights
Council endorsed at its 20th session in June 2012, in resolution 20/10, The effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and
cultural rights (A/HRC/RES/20/10), para. 2.
180
Id., para. 6.
37
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