WtwITPR
201 5
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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).