E/CN.4/2006/43
page 17
55.
A detailed analysis of the position of the States and institutions which do not accept such
legally binding obligations would show that they do not truly deny the importance of human
rights, or the value of these norms, providing legitimacy to a national community. In other
words, they do not deny the morality of these claims, and may not object to these human rights
being claimed as ethical entitlements of all civilized members of the community. Their
objections are to accepting the legality of these rights. Until the human rights community can
respond to these objections systematically, no amount of wishful thinking or rhetorical appeal to
all these agents would realize these rights. In that case, claiming poverty as the denial of human
rights will make little contribution to the actual alleviation of poverty.
56.
What are the main objections to the legal status of these rights? These issues have been
discussed exhaustively in the human rights literature. A few of these points can be used to
sustain our argument. First, the argument that economic, social and cultural rights, which have a
direct bearing on the conditions of poverty, are not properly defined, is no longer sustainable.
The language of the treaties, the discussions that took place during their adoption and the general
comments of the treaty bodies have clarified the nature of these rights in sufficient detail to bring
out the full implication of accepting these rights. However, there is a point of contention about
these rights which merit further consideration. This is the notion of progressive realization,
which recognizes that the full realization of some aspects of economic, social and cultural rights
may be constrained by available resources and may need to be realized over a period of time.
Fulfilling specific targets over a period would entail identifiable obligations for different duty
bearers. In actual practice, however, given the uncertainty in the course of implementing any
programme, obligations associated with progressive implementation are sometimes claimed to be
imprecise and difficult to render justiciable.
57.
One response to such arguments would be to differentiate between rights which a society
should accept as requiring immediate implementation and others which may be implemented
over a period of time, through appropriate policies and programmes making maximum use of
available resources. This has been recognized in the international human rights discourse as
“core rights”. Human rights philosophers have talked about “basic rights”, such as life, liberty
and basic sustenance, and those without which no other rights can be fulfilled. It is not that
fulfilling such rights requires no resources; in fact, all rights require the use of resources even
when States’ actions are limited to non-intervention and preventing third parties from engaging
in activities that may violate those rights. The immediate nature of these obligations, for
realizing the core rights, follows from the paramount nature of the urgency of fulfilling these
rights, because there is an overwhelming consensus in society in favour of those rights.
The legitimacy of both the States and the international community depends on the realization of
these rights, and like requirements of defence and law and order, States regard the fulfilment
of these rights as the first priority of all their actions.
58.
In short, if a society accepts certain goals as a primary value to all members of society,
then the obligations of fulfilling them would be accepted by State parties and all other agents as
binding on them. The success of a notion of extreme poverty would then very much depend
upon formulating these principles in a manner that generates universal applicability. The
description of extreme poverty suggested by the independent expert as a combination of income
poverty, human development poverty and social exclusion would meet the requirements of such
universal applicability.