Chapter 2 | Page 57
guarantee’.47 Alston and Quinn maintain that ‘undertaking’ is indicative of an
obligation of conduct rather than an obligation of result.48
The ESCR Committee emphasised in its General Comment No. 3 that, the
obligation ‘to take steps’ is ‘not qualified or limited by other considerations.’49
The Committee noted that:
The full meaning of the phrase can also be gauged by noting some of the
different language versions. In English the undertaking is ‘to take steps’, in
French it is ‘to act’ (‘s’engage . . . agir’) and in Spanish it is ‘to adopt measures’
(‘a adoptar medidas’). Thus while the full realisation of the relevant rights may
be achieved progressively, steps towards that goal must be taken within a
reasonably short time after the Covenant’s entry into force for the States
concerned. Such steps should be deliberate, concrete and targeted as clearly
as possible towards meeting the obligations recognized in the Covenant.50
Hence, while the full realisation of the rights may be achieved progressively,
this phraseology indicates that steps towards the goal must be taken
immediately or within a reasonably short period of time after the ratification of
the Covenant.51
‘Individually and through international assistance and co-operation,
especially economic and technical’
States have the primary responsibility to take steps required for the realisation
of these rights. It is also recognised that the State is best situated to protect
and fulfil human rights as the primary duty-bearer,52 which requires the State
to take the responsibility of ensuring and creating necessary conditions for the
realisation of these rights. At the same time, however, this responsibility
extends beyond the borders of the State in the form of international assistance
47
See ibid.; Saul, Kinley and Mowbray, above n 7.
48
Alston and Quinn, above n 1, 165. They also contend that, although it represents a legal
undertaking, its resulting obligation is ‘less demanding than a guarantee’.
49
Committee on Economic, Social and Cultural Rights, General Comment No 3: The Nature
of States Parties Obligations (Art. 2, par.1), 5th sess, UN Doc E/1991/23 (14 December
1990), [2].
50
Ibid.
51
Alston and Quinn, above n 1, 166.
52
Hertel and Minkler, above n 2, 11.
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