Chapter 2 | Page 53
focus on the outcomes of ESC rights realisation would make a better case for
State obligations.
The distinction between obligations of conduct and result also imply
differences in the mechanisms for monitoring State compliance with these two
obligations. In the case of ESC rights to health and education, for example,
the level of State compliance with obligation of conduct includes the provision
of programmes that directly improve the quality of and access to education
and health services. Such compliance can be compared with the obligation of
results, which includes the level of State efforts to guarantee these rights by
providing appropriate opportunities for individuals to enjoy them.
As previously noted, ESC rights form an essential part of the international
human rights system, which lays down obligations on the States to respect,
protect and fulfil the rights and to ensure that the legal, administrative,
economic, and social conditions necessary for the realisation of these rights
are put in place. Moreover, the international human rights regime recognises
that all human rights are universal, indivisible and interdependent and
interrelated,30 therefore ESC rights require the same level of attention in State
policy. As the primary duty-bearer, the State is expected to incorporate these
human rights obligations into policy and to actively engage in their
implementation to ensure the widest possible enjoyment of these rights.
2.3 GENERAL AND SUBSTANTIVE OBLIGATIONS UNDER
THE ICESCR
Human rights scholars categorise the obligations derived from the ICESCR as
‘rights-based obligations’, ‘procedural obligations’ and ‘general or basic
obligations’.31 General or basic obligations, outlined in Part II of the Covenant
are not directly related to specific rights but are concerned with the manner in
30
United Nations General Assembly, Vienna Declaration and Programme of Action, UN Doc
A/CONF.157/23 (12 July 1993), action 5.
31
See for example, Sepúlveda, above n 13, 16.
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