Chapter 2 | Page 80
‘resource scarcity does not relieve States of certain minimum obligations in
respect of the implementation of economic, social and cultural rights.’176
The standards used to determine rights violations should give consideration to
the absolute obligation of minimum core content, and relative obligation based
on the ability of the State to go beyond the minimum core content. For
instance, while involuntary poverty is a clear indication of an ESC rights
violations that can be eliminated by total enforcement of ESC rights,177 the
presence or absence of poverty in itself does not necessarily indicate respect
for or violation of ESC rights.178 On the one hand, when a State fails to provide
its people with the means to realise their basic needs that can be seen, it is
argued, as a violation of their human rights and human dignity.179 However,
Künnemann suggests that what he calls the ‘the basic needs fallacy’―namely,
that every instance of deprivation of human needs is seen as a violation of
human rights―could mislead our efforts to address violations of ESC rights’.180
In this regard, Pogge asserts:
An unfulfilled human right manifests a human rights violation only if there are
one or more human agents who are bringing about the un-fulfillment of the
human right in question even while they could and should have known that
their conduct would have this result.181
Without proper measures to determine improvement or regression in the
attainment of ESC rights, monitoring these rights may not be possible for the
ESCR Committee, human rights advocates or domestic courts. Moreover,
without such measures, States cannot be held accountable for their effort, or
lack of effort to fulfil the ESC rights within their resources. Thus the Covenant
176
Ibid., [10].
177
Hertel and Minkler, above n 2, 2.
178
Maria Green, 'What We Talk About When We Talk About Indicators: Current Approaches
to Human Rights Measurement' (2001) 23 Human Rights Quarterly 1062-1097, 1075.
179
Katherine Eddy, 'On revaluing the currency of human rights' (2007) 6(3) Politics
Philosophy Economics 307-328.
180
181
Künnemann, above n 15, 334.
Thomas Pogge, 'Are we violating the human rights of the world's poor?' in David Kinley,
Wojciech Sadurski and Kevin Walton (eds), Human Rights: Old Problems, New
Possibilities (Edward Elgar, Cheltenham, 2013) 40, 49.
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