WtwITPR 201 5 ,1tntp (hligration.v resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures." 25 This provision includes the most common characteristics of economic and social rights, including that their full realization is achieved progressively 26 depending on financial resources available to a state. However, the phrase "maximum available resources" refers not only to the financial capabilities of a state, but also to the capabilities of the international 27 community on the basis of "international assistance and co-operation., Positive obligations under economic and social rights are most often connected with financial resources. Therefore, always insisting on the immediate realization of the core of economic and social rights may impose unjustified burdens on states, which may be facing systematic and long-term public resource shortages. For instance, some states and even some corporations can provide free elementary education, whereas others, specifically lesser developed states, must charge for attending primary school simply due to a lack of available public financial resources. This occurs even though charging fees is often counterproductive and the obligation to provide free education falls within the core obligations under the ICESCR and is therefore not dependent on available resources. '8Some commentators claim that international human rights law traditionally places only obligations of conduct, not results, on states. However, the views of the CESCR Committee and scholars on immediate obligations of results challenge this assumption.29 Economic and social rights have long been considered as secondary rights, and even today both sets of rights are not placed on equal footing. Economic, social and cultural rights include rights to housing, food, education, water, and health. 30 This set of rights complements the socalled civil and political rights. 31 As Scheinin notes, "there is no watertight division between different categories of human rights. 32 However, 25G.A. res. 2200A (XXI), 21 U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316, at 49 (Jan. 3, 1976). 26 Robert E. Robertson, Measuring State Compliance with the Obligation to Devote the 'Maximum Available Resources' to Realizing Economic, Social and Cultural Rights, 16 HUM. RTS. Q. 694, (1994). 27 General Comment No. 3, para. 13. See MAGDALENA SEPULVEDA, THE NATURE OF THE OBLIGATIONS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 370-77 (Antwerp, Hart/Intersentia, Vol. 18, 2003). 28U.N. Comm. on Econ., Soc. and Cultural Rights, General Comment 11, Plans of actionfor primary education, 20th session, 1999, U.N. Doc. E/C. 12/1999/4 para. 7. 29 P.Alston and G. Quinn, 'The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights, (1987) 9 HUM. RTS. Q., 185 (1987). 30 ASHBJORN EIDE et al., ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A TEXTBOOK 22 (Dordrecht, Martinus Nijhoff Publishers, 2001); See also Amnesty International, What are Economic, Social and Cultural Rights? <http://www.amnesty.orgen/economic-and-social-culturalrights/what-are-escr> (last visited April 30, 2013). 31Social Rights Jurisprudence:Emerging Trends in Internationaland ComparativeLaw 540, 0 540 (Malcom W T2d. Langford ed., 2008).

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