in the present Covenant by all appropriate means, including particularly the adoption of
legislative measures.’
Article 4 CRC:
‘States Parties shall undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognised in the present Convention. With regard to economic,
social and cultural rights, States Parties shall undertake such measures to the maximum extent of
their available resources and, where needed, within the framework of international co-operation.’
Article 4(2) CRPD:21
‘With regard to economic, social and cultural rights, each State Party undertakes to take measures
to the maximum of its available resources and, where needed, within the framework of international
cooperation, with a view to achieving progressively the full realisation of these rights, without
prejudice to those obligations contained in the present Convention that are immediately
applicable according to international law.’
The obligation to take steps
The obligation to take steps applies to the implementation of all human rights. With respect to civil
and political rights, the Human Rights Committee (CCPR) specifies this requirement is ‘unqualified
and of immediate effect’.22 The CRC has echoed this statement.23 Similarly, the CESCR has specified
that ‘failure to comply with that requirement cannot be justified by reference to political, social,
cultural or economic considerations within the state’.24
This obligation is immediately applicable and is not subject to limitation.25 Moreover, it has noted that
steps should be ‘deliberate, concrete and targeted’ towards full rights realisation.26 As indicated by the
various treaty-monitoring bodies, states shall take ‘appropriate legislative, administrative and other
measures’ for the realisation of rights. There is no doubt that such measures include those related to
resource mobilisation.27 For example, in a recent General Comment, the CESCR explicitly noted that
21
Adopted in 2006, entered into force 2008.
22
CCPR, General Comment No 31, para 14.
23
CCPR, General Comment No 5: General measures of implementation of the Convention on the Rights of the Child
(2003) UN Doc CRC/GC/2003/5, para 5.
24
CCPR, General Comment No 31, para 14.
25
See, eg, CESCR, General Comment No 3: The nature of States Parties obligations (Art 2, para 1) (1990) UN Doc E/1991/23
para 2; General Comment No 13: the right to education (Art 12 of the ICESCR) (1999) UN Doc E/C.12/1999/10 para
43; General Comment No 14: the right to the highest attainable standard of health (Art 12 of the ICESCR) (2000)
UN Doc E/C.12/2000/4, para 30. See also, Limburg Principles on the Implementation of the International Covenant
on Economic, Social and Cultural Rights No 16, which reads as follows: ‘All States Parties have an obligation to begin
immediately to take steps toward full realisation of the rights contained in the Covenant’; and CRC, General Comment
No 19 on public budgeting for the realisation of children’s rights (Art 4) (2016) UN Doc CRC/C/GC/19, para 18.
26
See CESCR General Comment No 3, para 2.
27
CRC, General Comment No 19, para 18.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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