implementing its obligations.126 Perhaps the Anglo-common law heritage of the standard helped to assuage the hostility of the main opponents of a complaints mechanism.127 In outlining the scope of “reasonableness”, the Committee has largely adopted the South African approach, including whether the steps have “taken into account the precarious situation of disadvantaged and marginalized individuals or groups and, whether they were non-discriminatory, and whether they prioritized grave situations or situations of risk”.128 It has also made an explicit reference to proportionality, noting that it will consider to which extent, “ where several policy options are available, the state party has adopted the option that least restricts Covenant rights”. 129 The likely consolidation of national jurisprudence within the complaints mechanism will give greater migratory flight to the reasonableness standard for diverse constitutional systems.130 While the constraints on an international treaty body are different from a constitutional court, there are cross-fertilizations back and forth in the standards and forms of review. In 126 OP-ICESCR, supra note 20 at art. 8(4). Catarina de Albuquerque. Chronicle of an Announced Birth: The Coming into Life of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights-The Missing Piece of the International Bill of Human Rights 31.1 HUMAN RIGHTS QUARTERLY 144, 161 (2010) (opponents including Australia, Canada, and the United States.) 128 CESCR, Statement, An Evaluation Of The Obligation To Take Steps To The “Maximum Of Available Resources” Under An Optional Protocol To The Covenant para. 8(d), UN Doc. E/C.12/2007/1 (Sept. 21 2007) . 129 Id. para 8(f); see also Eibe Riedel et al., The Development of Economic, Social and Cultural Rights in International Law, in ECONOMIC, SOCIAL, AND CULTURAL RIGHTS IN INTERNATIONAL LAW 31 (Eibe Riedel et al., eds., 2014). 130 While 164 states have ratified the International Covenant on Economic, Social and Cultural Rights, it should be noted that only 21 have to date ratified the OP-ICESCR: see U.N. Human Rights Office of the High Commissioner, International Covenant on Economic, Social and Cultural Rights, Status of Ratification, (Mar. 30, 2016), http://indicators.ohchr.org/ [https://perma.cc/CR5E-VUHJ]. On local diversity, see Brinks et al, supra note 1. 127 32

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