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24.
Similarly, even in times of severe resources constraints, whether caused
by a process of adjustment, of economic recession, or by other factors, the
vulnerable members of society can and, indeed, must be protected by the
adoption of relatively low-cost targeted programmes.
25.
A final element of article 2 (1) is that the undertaking given by all
States parties is “to take steps, individually and through international
assistance and cooperation, especially economic and technical”. The phrase
“to the maximum of its available resources” is intended to refer to both the
resources existing within a State and those available from the international
community through international cooperation and assistance.
26.
In practical terms, States' obligations must be seen in the light of the
assumptions that human beings, families or wider groups seek to find their own
solutions to their needs. Therefore, States should, at the primary level,
respect the resources owned by the individual or groups seeking to make
optimal use of their own knowledge and the freedom of individuals and groups
to satisfy their own needs. At a secondary level, States' obligations require
active protection against other more aggressive subjects, such as protection
against fraud or unethical behaviour. At a tertiary level, the State has the
obligation to facilitate opportunities by which the rights listed can be
enjoyed. At the fourth level, the State has the obligation to fulfil the
rights of those who otherwise cannot enjoy their economic, social and cultural
rights.
27.
According to the Committee, Articles 55 and 56 of the Charter of the
United Nations and the Covenant itself aim at international cooperation for
development and for the realization of economic, social and cultural rights as
an obligation of all States. It is particularly incumbent upon those States
which are in a position to assist others in this regard. The Committee noted
in particular the importance of the Declaration on the Right to Development
and the need for States parties to take full account of all of the principles
recognized therein.
C.
Poverty, human rights and development
28.
In adopting the Declaration on the Right to Development, the
General Assembly, in resolution 41/128, recognized that development is a
comprehensive, cultural, political, economic, and social process which aims at
constant improvement of the well-being of the entire population and of all
individuals on the basis of their active, free and meaningful participation in
development and the fair distribution of benefits resulting therefrom.
29.
The right to development is an inalienable human right by which every
human person and all peoples are entitled to participate in, contribute to,
and enjoy economic, social, cultural and political development in which all
human rights and fundamental freedoms can be fully realized (art. 1 (1)).
The human person is the central subject of development and should be an active
participant and beneficiary of the right to development (art. 2 (1)).
30.
The World Conference on Human Rights, in the Vienna Declaration and
Programme of Action, reaffirmed the right to development as a universal and
inalienable right and an integral part of fundamental human rights. While