When it entered the scene in 1987, the Committee on Economic, Social and Cultural Rights was
acutely aware of the need to provide guidance to States as to how they should go about discharging
their obligation to "progressively realize" the rights of the Covenant. The conventional wisdom of the
time, reflected in the choice to adopt two separate covenants rather than one single binding instrument
implementing the promises of the Universal Declaration of Human Rights, was that economic, social
and cultural rights were too vague and ill-defined to be justiciable, and that neither independant
experts nor courts were in a position to assess whether the efforts of States were sufficient to comply
with that obligation. It was stated by a law and development scholar writing in 1984 that though the
International Covenant on Economic, Social and Cultural Rights "speaks in the language of rights, [it]
refers to the realities of programs".12 Brownlie, a leading international law publicist, described the
Covenant as "programmatic and promotional" in the third edition of his Principles of Public
International Law, published in 1979.13 Jurists such as the Belgian Mark Bossuyt or the Dutch E.W.
Vierdag voiced their scepticism as regards the ability of courts to supervise compliance with
economic, social and cultural rights, which they saw as of a fundamentally distinct nature than civil
and political rights.14
Sensing the danger, progressive academics and non-governmental organisations sought to clarify the
nature of States parties' obligations under the Covenant in order to ensure that the work of the
Committee would be based on solid ground. An expert meeting convened in Maastricht on 2-6 June
1986 provided the opportunity to further advance the understanding of the legal significance of
economic, social and cultural rights, beyond the right to food on which most efforts had been
converging until then.15 The timing was propitious: it was held after the members of the Committee
had been appointed (and four of them were present in Maastricht), but before they held their first
session, and at a time when, although the significance of the Covenant on Economic, Social and
Cultural Rights was clearly recognized, it listed rights that were still largely underexplored by human
rights scholars and underenforced by courts. The Limburg Principles that were adopted at the
Maastricht meeting marked an important advance in the understanding of economic, social and
cultural rights, and their influence further increased after they were officially transmitted to the
Commission on Human Rights at the request of the Netherlands.16 More or less simultaneously, Philip
Alston, a Committee member who was to become its first rapporteur, published an important paper
identifying the challenges facing the new committee established by the Economic and Social Council
to examine the reports submitted by States parties to the Covenant.17 In a contribution written jointly
with Gerard Quinn which provides the most extensive analysis of the understanding of States'
obligations having guided the drafters of the Covenant, even he had to concede, however, that precise
benchmarks to assess budgetary efforts by the States were lacking, so that a procedural approach
might ultimately be more appropriate:
It is the state of a country's economy that most vitally determines the level of its obligations as
they relate to any of the enumerated rights under the Covenant. From an evaluation of these
circumstances flows a picture of a state's abilities and from this may be determined the
thresholds it must meet in discharging its obligations. In ascertaining the quantum of resources
to be set aside to promote realization of the rights, the state is of course entitled to a wide
12
David Trubek, "Economic, Social and Cultural Rights in the Third World: Human Rights Law and Human Needs
Programs", in Theodor Meron (ed), Human Rights in International Law: Legal and Policy Issues (Oxford: Clarendon Press,
1984): 205-271, at 231.
13
Ian Brownlie, Principles of Public International Law (Oxford: Clarendon Press, 1979), at 572-573.
14
Mark Bossuyt, "La distinction juridique entre les droits civils et politiques et les droits économiques, sociaux et culturels",
Revue des droits de l'homme, vol. 9 (1978): 69; E.W. Vierdag, ‘The Legal Nature of the Rights Granted by the International
Covenant on Economic, Social and Cultural Rights’, Netherlands Yearbook of International Law, vol. 9 (1978): 69-105.
There were exceptions, of course: G.J.H. van Hoof, "The Legal Nature of Economic, Social and Cultural Rights: a Rebuttal
of Some Traditional Views", in Philip Alston and Katarina Tomaševski (eds), The Right to Food (Netherlands Institute of
Human Rights (SIM), Dordrecht: Martinus Nijhoff Publ., 1984): 97-110.
15
The expert meeting was convened at the invitation of the International Commission of Jurists, the Urban Morgan Institute
on Human Rights and the Centre for Human Rights of the Faculty of Law of Maastricht University.
16
See UN document E/CN.4/1987/17.
17
Philip Alston, "Out of the Abyss: The Challenges Confronting the New U.N. Committee on Economic, Social and Cultural
Rights", Human Rights Quarterly, vol. 9(1987): 332-381.
6