“to the maximum of its available resources”. In order for a State party to be able to
attribute its failure to meet at least its minimum core obligations to a lack of available
resources it must demonstrate that every effort has been made to use all resources that
are at its disposition in an effort to satisfy, as a matter of priority, those minimum
obligations.
11.
The Committee wishes to emphasize, however, that even where the available
resources are demonstrably inadequate, the obligation remains for a State party to
strive to ensure the widest possible enjoyment of the relevant rights under the
prevailing circumstances. Moreover, the obligations to monitor the extent of the
realization, or more especially of the non-realization, of economic, social and cultural
rights, and to devise strategies and programmes for their promotion, are not in any
way eliminated as a result of resource constraints. The Committee has already dealt
with these issues in its general comment No. 1 (1989).
12.
Similarly, the Committee underlines the fact that even in times of severe
resources constraints whether caused by a process of adjustment, of economic
recession, or by other factors the vulnerable members of society can and indeed must
be protected by the adoption of relatively low-cost targeted programmes. In support
of this approach the Committee takes note of the analysis prepared by UNICEF
entitled “Adjustment with a human face: protecting the vulnerable and promoting
growth, 1 the analysis by UNDP in its Human Development Report 1990 2 and the
analysis by the World Bank in the World Development Report 1990. 3
13.
A final element of article 2 (1), to which attention must be drawn, is that the
undertaking given by all States parties is “to take steps, individually and through
international assistance and cooperation, especially economic and technical ...”. The
Committee notes that the phrase “to the maximum of its available resources” was
intended by the drafters of the Covenant to refer to both the resources existing within
a State and those available from the international community through international
cooperation and assistance. Moreover, the essential role of such cooperation in
facilitating the full realization of the relevant rights is further underlined by the
specific provisions contained in articles 11, 15, 22 and 23. With respect to article 22
the Committee has already drawn attention, in general comment No. 2 (1990), to
some of the opportunities and responsibilities that exist in relation to international
cooperation. Article 23 also specifically identifies “the furnishing of technical
assistance” as well as other activities, as being among the means of “international
action for the achievement of the rights recognized ...”.
14.
The Committee wishes to emphasize that in accordance with Articles 55 and
56 of the Charter of the United Nations, with well-established principles of
international law, and with the provisions of the Covenant itself, international
1
G.A. Cornia, R. Jolly and F. Steward, Eds., Oxford, Clarendon Press, 1987.
2
Oxford, Oxford University Press, 1990.
3
Oxford, Oxford University Press, 1990.