Chapter 2 | Page 65
typically invoked by states in their efforts to promote and protect economic,
social and cultural rights.91
In summary, the obligation ‘to take steps’, ‘individually and through
international assistance and co-operation’, ‘to the maximum available
resources’, ‘to achieve the full realisation’ of the rights ‘by all appropriate
means’ lies at the core of State obligations under the Covenant.
The following sub-sections discuss the obligations of non-discrimination, nonretrogression and minimum core content, which guide the implementation of
all substantive obligations.
2.3.1.2 Obligation of non-discrimination
It is fundamental that all rights articulated in the ICESCR should be exercised
without discrimination. The prohibited grounds for discrimination under the
article are: race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.92 This list is not
exhaustive and should be interpreted to include the widest possible meaning
of the concept of prohibited grounds for discrimination.93 Article 3 further
emphasises the prohibition of discrimination based on sex and, the
requirement for States to undertake to ensure equality for men and women in
the enjoyment of ESC rights.94
In addition to discrimination on general grounds, the Committee also
emphasised the prohibition of discrimination on the basis of disability and older
age. Although the Covenant does not unambiguously refer to persons with
disabilities, the ESCR Committee was of the view that the equal dignity and
rights of all human beings as recognised in the Universal Declaration of
91
Saul, Kinley and Mowbray, above n 7, 157.
92
ICESCR, above n 33, art 2(2).
93
The ‘other status’ in the Covenant has been held to open many additional, non-specified
grounds, including disability, age, sexual orientation and gender identity, among others.
94
The rationale for the inclusion of article 3, with specific obligations of equality between
men and women, according to the travaux préparatoires is to indicate the need for positive
action to ensure that the ‘same rights should be expressly recognized for men and women
on an equal footing’, beyond the prohibition of discrimination.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents