E/C.12/GC/19
page 17
60. In order for a State party to be able to attribute its failure to meet at least its minimum core
obligations 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, these
minimum obligations.41
61. The Committee also wishes to emphasize that it is particularly incumbent on States parties,
and other actors in a position to assist, to provide international assistance and cooperation,
especially economic and technical, to enable developing countries to fulfil their core obligations.
IV. VIOLATIONS
62. To demonstrate compliance with their general and specific obligations, States parties must
show that they have taken the necessary steps towards the realization of the right to social
security within their maximum available resources, and have guaranteed that the right is enjoyed
without discrimination and equally by men and women (articles 2 and 3 of the Covenant). Under
international law, a failure to act in good faith to take such steps amounts to a violation of the
Covenant.42
63. In assessing whether States parties have complied with obligations to take action, the
Committee looks at whether implementation is reasonable or proportionate with respect to the
attainment of the relevant rights, complies with human rights and democratic principles and
whether it is subject to an adequate framework of monitoring and accountability.
64. Violations of the right to social security can occur through acts of commission, i.e. the
direct actions of States parties or other entities insufficiently regulated by States. Violations
include, for example, the adoption of deliberately retrogressive measures incompatible with the
core obligations outlined in paragraph 42 above; the formal repeal or suspension of legislation
necessary for the continued enjoyment of the right to social security; active support for measures
adopted by third parties which are inconsistent with the right to social security; the establishment
of different eligibility conditions for social assistance benefits for disadvantaged and
marginalized individuals depending on the place of residence; active denial of the rights of
women or particular individuals or groups.
65. Violations through acts of omission can occur when the State party fails to take sufficient
and appropriate action to realize the right to social security. In the context of social security,
examples of such violations include the failure to take appropriate steps towards the full
realization of everyone's right to social security; the failure to enforce relevant laws or put into
effect policies designed to implement the right to social security; the failure to ensure the
financial sustainability of State pension schemes; the failure to reform or repeal legislation which
is manifestly inconsistent with the right to social security; the failure to regulate the activities of
40
See para. 74 below.
41
See general comment No. 3. paragraph 10.
42
See Vienna Convention on the Law of Treaties, article 26.