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