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technical, to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present
Covenant by all appropriate means, including particularly the adoption of
legislative measures”.
19.
In its General Comment 3 (fifth session, 1990), the Committee on
Economic, Social and Cultural Rights considers that article 2 (1) of the
Covenant has set obligations of conduct and obligations of result. In this
connection, article 2 (1) imposes two obligations of conduct which are of
immediate effect: firstly, the obligation of undertaking to guarantee that
relevant rights will be exercised without discrimination; and secondly, the
obligation to take steps towards the full realization of the relevant rights
within a reasonable time after the Covenant’s entry into force for the States
concerned.
20.
The principal obligation of result reflected in article 2 (1) is to take
steps “with a view to achieving progressively the full realization of the
rights recognized” in the Covenant. The concept of “progressive realization”
constitutes a recognition of the fact that full realization of all economic,
social and cultural rights will generally not be able to be achieved in a
short period of time. Nevertheless, it imposes an obligation to move as
expeditiously and effectively as possible towards that goal. Moreover, any
deliberately retrogressive measures in that regard would require the most
careful consideration and would need to be fully justified by reference to the
totality of the rights provided for in the Covenant and in the context of the
full use of the maximum available resources.
21.
The Committee is of the view that a minimum core obligation to ensure
the satisfaction of, at the very least, minimum essential levels of each of
the rights is incumbent upon every State party. Thus, for example, a State
party in which any significant number of individuals is deprived of essential
foodstuffs, of essential primary health care, of basic shelter and housing, or
of the most basic forms of education is, prima facie, failing to discharge its
obligations under the Covenant.
22.
It must be noted that any assessment as to whether a State has
discharged its minimum core obligation must also take account of resource
constraints applying within the country concerned. Article 2 (1) obligates
each State party to take the necessary steps “to the maximum of its available
resources”. In order for a State party to be able to attribute its failure to
meet at least its minimum core obligation to a lack of available resources, it
must demonstrate that every effort has been made to use all resources that are
at its disposal in an effort to satisfy, as a matter of priority, those
minimum obligations.
23.
The obligation remains for a State party to strive to ensure the widest
possible enjoyment of the relevant rights under the prevailing circumstances.
Moreover, the obligations to monitor the extent of the realization or
non-realization of economic, social and cultural rights, and to devise
strategies and programmes for their promotion, are not in any way eliminated
as a result of resource constraints.