Chapter 2 | Page 84 The Optional Protocol to the ICESCR provides for three new procedures to advance the protection and promotion of ESC rights: an individual complaints procedure; an inter-State complaints procedure; and an inquiry procedure that can be initiated by the Committee based on reliable information about grave or systematic violations of ESC rights.197 Violation of any of the rights recognised in the Covenant is admissible under the Optional Protocol, which may be presented only by ‘individuals or groups of individuals or in the name of individuals or groups of individuals’.198 These mechanisms are expected to provide a stronger system of protection for individuals and an avenue for States to address their grievances against other States in the area of the implementation of ESC rights.199 While these mechanisms are just beginning to be used, it is expected that the Committee will soon begin to build a body of jurisprudence relating to the Covenant. In summary, States parties to the Covenant are obliged to take steps to the maximum available resources to progressively realise the substantive rights recognised in the Covenant. This obligation must be carried out without discrimination and must ensure that the minimum core contents of the rights are safeguarded at all times, regardless of resource constraints. States are also required to report on their programmes aimed at the realisation of these rights. As stipulated in Article 2(1), the undertaking to take steps is linked to the ‘maximum available resources’. This phraseology has been identified as a key component in defining the nature of the general obligations on the State and can have significant impact on the approach a State takes in implementing these obligations. Rights <https://treaties.un.org/pages /viewdetails.aspx?src=ind&mtdsg_no=iv-3a&chapter=4&lang=en>. 197 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opened for signature 5 March 2009, General Assembly Res No A/RES/63/117 (entered into force 5 May 2013). 198 199 Ibid., rule 4. The experience of inter-state complaints have so far not been very positive with other Optional Protocols. The applicability and usefulness of this mechanism under OP-ICESCR remains to be seen.

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