Covenant rights are at times inevitable. States parties, however, should not act in breach of
their obligations under the Covenant.
[6]
In such cases, the Committee emphasizes that any proposed policy change or
adjustment has to meet the following requirements: first, the policy must be a temporary
measure covering only the period of crisis. Second, the policy must be necessary and
proportionate, in the sense that the adoption of any other policy, or a failure to act, would be
more detrimental to economic, social and cultural rights. Third, the policy must not be
discriminatory and must comprise all possible measures, including tax measures, to support
social transfers to mitigate inequalities that can grow in times of crisis and to ensure that the
rights of the disadvantaged and marginalized individuals and groups are not
disproportionately affected. Fourth, the policy must identify the minimum core content of
rights or a social protection floor, as developed by the International Labour Organization, and
ensure the protection of this core content at all times.
[7]
Finally, may I highlight that international cooperation is a fundamental obligation for
the progressive universal realization of economic, social and cultural rights. In this regard,
the Committee has on many occasions underlined the requirement that States parties to the
Covenant should respect their obligations in relation to economic, social and cultural rights
when making decisions, including on official development assistance, in international
financial institutions, such as the World Bank, the International Monetary Fund, regional
financial institutions and regional integration organizations. I therefore wish to express the
Committee’s hope that your Government will be guided by its obligations under the Covenant
when developing and adopting international and regional programmes to promote economic
and social development and to overcome the economic and financial crisis.
[8]
I take this opportunity to wish you every success in your endeavours and to reiterate
the assurances of my highest consideration.
(Signed) Ariranga G. Pillay
Chairperson
Committee on Economic, Social and Cultural Rights
17