A/HRC/17/34 minimum essential levels of all economic, social and cultural rights.5 These minimum essential levels are those which are crucial to securing an adequate standard of living through basic subsistence, essential primary health care, basic shelter and housing, and basic forms of education for all members of society. 16. The obligation to achieve these minimum essential obligations is not dispensed with during times of crisis and recovery. Even during times of severe resource constraints, when available resources are demonstrably inadequate, the obligation remains for States to demonstrate that every effort has been made to use all resources that are at its disposal, in an effort to satisfy, as matter of priority, minimum essential levels and to protect the most disadvantaged and marginalized members or groups of society by adopting relatively lowcost targeted programmes.6 17. In the context of recovery from successive crises, this principle obliges States to ensure that any programmes or policies that are integral to delivering essential services (for example, primary education, basic health care and social assistance programmes) are protected, to the greatest extent possible, from reduced expenditure. The duty of the State to prioritize the rights of the poorest and most vulnerable people does not imply that the State may adopt a very narrow approach. States continue to have responsibilities to move as expeditiously and effectively as possible towards the widest possible enjoyment of rights by all, which means maintaining services beyond a basic level.7 C. Avoiding deliberately retrogressive measures 18. There is a strong presumption that deliberately retrogressive measures that affect the level of enjoyment of economic, social and cultural rights are in violation of human rights standards.8 Examples of retrogressive measures might include the adoption of policy or legislation with a direct or collateral negative effect on the enjoyment of rights by individuals, or unjustified reductions in expenditures devoted to implementing public services that are critical for the realization of economic, social and cultural rights, such as those which guarantee basic health care, ensure access to primary education, or make available assistance for food and shelter. 19. The Committee on Economic, Social and Cultural Rights noted that, in adopting retrogressive measures, States must demonstrate that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources.9 20. If a State uses “resource constraints” as an explanation for any retrogressive measure, the Committee on Economic, Social and Cultural Rights will assess the situation considering, inter alia, the country’s level of development, the severity of the breach, whether the situation concerned the enjoyment of the minimum core content and whether the State had identified low-cost options, or had sought international assistance.10 5 6 7 8 9 10 6 Ibid., general comment No. 3, para. 10. E/C.12/2007/1, paras. 4 and 6. See also Committee on Economic, Social and Cultural Rights, general comments No. 3, para. 12, No. 12, para. 28 and No. 14, para. 18. Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 11. See for example ibid., general comments No. 3, para. 9 and No. 4, para. 11. See ibid., general comments No. 3, para. 9, No. 13, para. 45, No. 14, para. 32, No. 15, para. 19, No. 17, para. 27, No. 18, para. 34, No. 19, para. 42 and No. 21, para. 65. E/C.12/2007/1, para. 10.