Chapter 2 | Page 63 drafting stage that the same flexibility could also be used by richer States to justify their lack of assistance for poorer States.80 The ESCR Committee noted that, while the full realisation of rights may be achieved progressively, ‘steps towards that goal must be taken within a reasonably short time’ and that such steps should be ‘deliberate, concrete and targeted as clearly as possible towards meeting the obligations’.81 This implies that States must move ‘as expeditiously and effectively as possible’ towards the goals of rights realisation.82 This thesis adopts the position that there is a need to focus State policies on expediting ‘progressive realisation’ within the maximum resources and capacity. ‘By all appropriate means, including particularly the adoption of legislative measures’ The ESCR Committee was of the view that ‘all appropriate means’ should be given its full and natural meaning, that the ‘appropriateness’ of the means is dependent on the circumstances of the rights, and that States parties have the obligation to report to the Committee the steps they have taken and how these steps are considered ‘appropriate’ for a given circumstance.83 The Committee identified the enactment of legislation as a highly desirable step in many instances and even maintained that this is indispensable in many cases, such as to combat discrimination.84 Provision of judicial remedies was also suggested as an important and appropriate step.85 Administrative, financial, educational and social measures were also regarded as additional ‘appropriate’ measures for the purpose of Article 2(1).86 80 Saul, Kinley and Mowbray, above n 7, 153-154. 81 CESCR General Comment No 3, E/1991/23, above n 49, [2]. 82 Ibid., [9]. The Committee suggests that provisions in articles 3, 7 (a) (i), 8, 10 (3), 13 (2) (a), (3) and (4) and 15 (3) are capable of immediate application judicial and other organs of national legal system. 83 Ibid., [4]. 84 Ibid., [3]. 85 Ibid., [5]. 86 Ibid., [7].

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents