occasion of the tenth anniversary of the Limburg Principles,24 express this idea by listing among the acts of commission leading to the violation of Covenant rights "the reduction or diversion of specific public expenditure, when such reduction or diversion results in the non-enjoyment of such rights and is not accompanied by adequate measures to ensure minimum subsistence rights for everyone".25 A second requirement is that, when facing resource constraints, the State should demonstrate that it has given priority to the "satisfaction of, at the very least, minimum essential levels of each of the rights" of the Covenant, which correspond to the core obligations of States under this instrument: the Committee expresses the view that "a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant".26 The idea was already expressed in 1986 in the Limburg Principles, which stated that "States parties are obligated, regardless of the level of economic development, to ensure respect for minimum subsistence rights for all".27 In various general comments and statements, the Committee underlined that the duties to secure freedom from hunger,28 to guarantee access to water to satisfy basic needs,29 access to essential drugs30 or to education complying with “minimum educational standards",31 or the enjoyment of a social protection floor,32 form part of such core obligations, which any State, at any level of development, should presumptively be in a position to secure.33 Thirdly, the States parties to the Covenant have undertaken to "guarantee that the rights enunciated in the ... Covenant will be exercised without discrimination".34 This implies not only a duty to remove discriminatory provisions from the States' constitution, legislation or policy documents, but also that substantive discrimination be addressed : in the realization of economic, social and cultural rights, priority should therefore be given to improving the situation of groups who have traditionally been marginalized or disadvantaged.35 This implies dedicating greater resources to groups who face systemic discrimination.36 In his Letter of 16 May 2012 to the States parties to the Covenant on austerity measures, the Chairperson of the Committee emphasized that fiscal consolidation policies "must not be discriminatory and must comprise all possible measures, including tax measures, to support social transfers to mitigate inequalities that can grow in times of crisis and to ensure that the rights of the disadvantaged and marginalized individuals and groups are not disproportionately affected". The non-discrimination requirement also implies that the Committee shall be particularly attentive to any budgetary measure that would lower the level of provision of certain public services, such as in the areas of education, or of water or electricity provision, or that would diminish the right to social security, including the right to old age pension, since such budgetary choices may have 24 The Maastricht Guidelines were adopted by a group of experts convened in Maastricht from 22-26 January 1997 at the invitation of the same organisations that had already invited 29 experts in Maastricht in June 1986, for the adoption of the Limburg Principles. See further Victor Dankwa, Cees Flinterman and Scott Leckie. 'Commentary on the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights', Human Rights Quarterly, vol. 20, Issue 2 (1998), pp. 705-730. 25 Maastricht Guidelines, para. 14, g). 26 General Comment No. 3 (1990): The nature of States parties' obligations (E/1991/3), para. 10. 27 At para. 25. 28 General Comment No. 12 (2000): The right to adequate food (E/C.12/1999/5), paras. 6, 14 and 17. 29 General Comment No. 15 (2002): The right to water (E/C.12/2002/11), para. 37. 30 General Comment No. 14 (2000): The right to the highest attainable standard of health (E/C.12/2000/4), para. 43. 31 General Comment No. 13 (2000): The right to education (E/C.12/1999/10), para. 57. 32 The Letter addressed on 16 May 2012 by the Chairperson of the Committee to the States parties on austerity measures, similarly notes that the policy adopted "must identify the minimum core content of rights or a social protection floor, as developed by the International Labour Organization, and ensure the protection of this core content at all times". 33 See the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, para. 10 ("resource scarcity does not relieve States of certain minimum obligations in respect of the implementation of economic, social and cultural rights"). 34 See art. 2(2) and 3 of the International Covenant on Economic, Social and Cultural Rights (requiring that the rights of the Covenant be guaranteed without discrimination, and in particular, that men and women are ensured equal rights in the enjoyment of these rights), and Committee on Economic, Social and Cultural Rights, General Comment No. 20: NonDiscrimination in Economic, Social and Cultural Rights (art. 2, para. 2) (E/C.12/GC/20) (2009). 35 General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights (art. 2, para. 2), cited above note 34, para. 8. 36 Id., para. 39. 8