A/HRC/26/28
economic growth also exists; it requires the effective use of available resources,28 including
potential resources that could be raised through reasonable efforts, such as taxation
measures and international assistance and cooperation.29 Other areas are also critical for
mobilizing resources, including debt and deficit financing, monetary policy and financial
regulation.30
26. Although most provisions in the International Covenant on Economic, Social and
Cultural Rights are considered subject to progressive realization, States that claim resource
constraints have the burden of proof to show that every effort has been made to move
towards the full enjoyment of economic, social and cultural rights as a matter of priority,
and that they are truly unable rather than unwilling to meet these obligations. 31 This
includes an obligation to “actively seek assistance” through international cooperation.32
27. Moreover, States parties to the International Covenant on Economic, Social and
Cultural Rights have an immediate core obligation to ensure the satisfaction of, at the very
least, minimum essential levels of all economic, social and cultural rights. 33 These
minimum essential levels are entitlements that are crucial to securing an adequate standard
of living through basic subsistence, essential primary health care, basic shelter and housing
and basic forms of education for all members of society. 34 Even during times of severe
resource constraints, States must demonstrate that every effort has been made to use all
resources that are at its disposal, including resources that could potentially be collected
through taxation, or tackling tax evasion and other illicit financial flows, in an effort to
satisfy, as a matter of priority, minimum essential levels.35
28. The obligation to progressively realize economic, social and cultural rights entails a
prohibition of deliberate retrogression, namely, of measures that directly or indirectly lead
to backwards steps in the enjoyment of rights. There is a strong presumption that such
measures are in violation of human rights standards. States may only adopt such
retrogressive measures if they can demonstrate that they have carefully considered all
alternatives, including revenue-raising ones, and that they are duly justified by reference to
the totality of the rights in the International Covenant on Economic, Social and Cultural
Rights, in the context of the full use of the maximum available resources.36 The
28
29
30
31
32
33
34
35
36
8
Limburg Principles on the Implementation of the International Covenant on Economic, Social and
Cultural Rights, art. 23.
International Covenant on Economic, Social and Cultural Rights, art. 2, para. 1.
Excessive debt servicing payments may, however, also undermine the ability of debtor countries to
realize rights. See Radhika Balakrishnan, Diane Elson, James Heintz and Nicholas Lusiani, Maximum
Available Resources & Human Rights: Analytical Report, Center for Women’s Global Leadership,
June 2011. See also the reports 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.
See for example Committee on Economic, Social and Cultural Rights general comment No. 14
(E/C.12/2000/4), para. 47.
See the Guiding Principles on Poverty and Human Rights, para. 94; A/45/40, annex VI, para. 10;
Official Records of the Economic and Social Council, 1995, Supplement No. 3 (E/1995/22), annex IV,
Committee on Economic, Social and Cultural Rights general comment No. 5, para. 13; and
E/C.12/1999/4, general comment No. 11, para. 11.
E/1991/23, annex III, para. 10.
Ibid.
E/C.12/2007/1, paras.4-6. See also Committee on Economic, Social and Cultural Rights general
comments No. 3 (E/1991/23, annex III), para. 12, No. 12 (E/C.12/1999/5), para. 28, and No. 14
(E/C.12/2000/4), para. 18.
Committee on Economic, Social and Cultural Rights general comment No. 3 (E/1991/23, annex III)
para. 9. See also general comments No. 13 (E/C.12/1999/10), para. 45, No. 14 (E/C.12/2000/4), para.