Though they are presumed to be affordable for all States, even these core obligations as outlined
above are not costless ‐‐ particularly not the duties corresponding to the "basic needs" component,
which requires States, for instance, to set up primary health care centres and to ensure that all have
access to primary schools at a reasonable distance from the home ‐‐. The question of which
resources are available to the State therefore still matters. But identifying certain core components
serves to shift the burden of proof: unless the State makes a convincing case that, even by calling
upon international support, it is unable to finance what it would take to deliver even that "essential
content" of the right, it will be presumed that it has not been complying with its obligations to
prioritize the fulfilment of economic and social rights under its jurisdiction (CESCR 2007: para. 6). In
that sense, reliance on the "core content" of a right introduces a baseline that is less dependent on
the degree of realization of the right that is already attained in any particular State. It also helps
defining priorities for domestic efforts towards the fulfilment of human rights obligations. And it
should guide international assistance and cooperation : according to the Committee, "core human
rights obligations create national obligations for all States, and international responsibilities for
developed States, as well as others that are in a 'position to assist'"(CESCR 2001: para. 16).
Yet, that still remains incomplete. For the "core obligations" approach leaves open the question of
the speed at which the State must move towards the full realization of the rights of the Covenant. As
noted above, the Committee expects each State to move "as expeditiously and effectively as
possible" towards that end. But what, exactly, does that mean? And if this is not to be left entirely to
the goodwill of the State concerned, which benchmarks may the Committee rely upon to assess
whether the efforts made are sufficient? The authors who attempted to list the resources that
should be mobilized towards the fulfilment of economic, social and cultural rights, and the degree of
mobilization required, spectacularly failed in doing so (see for instance Robertson 1994). Nor were
the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights of much help here.
They listed among violations of the Covenant those that could result from the "failure to take
appropriate steps as required under the Covenant", as well as the "failure to utilize the maximum of
available resources towards the full realization of the Covenant" (Maastricht Guidelines on Violations
of Economic, Social and Cultural Rights 1997: para. 15, (a) and (e)). But this left the reader to guess
what "appropriate" means, as well as what the "maximum use of available resources" required. It is
this question that the contributions collected in part III of this volume seek to address.
2. Progressive realization "to the maximum of available resources"
Five approaches may be distinguished. The mapping of these approaches proposed here intersects to
a certain extent with Chapters 9 to 13, although some approaches described here are not
represented in the sample of positions proposed in this volume.
a) "Core obligations" and the "violations approach"
A first approach is called by Audrey Chapman, its main proponent, the "violations approach". This
approach is described in Chapter 9 (see also Chapman and Russell 2002). A specialist in public health
at the University of Connecticut, Chapman takes the view that human rights lawyers should abandon
the quest for a benchmark by which to assess "progressive realization". This search, ultimately, risks
undermining the task of monitoring itself, distracting us from the more urgent task of focusing on the
most egregious violations of economic and social rights. Instead, a "more feasible and effective
alternative" would consist in focusing on "three types of violations: (1) violations resulting from
actions and policies on the part of governments; (2) violations related to patterns of discrimination;
and (3) violations taking place due to a state's failure to fulfill the minimum core obligations
contained in the Covenant" (Chapman, in Chapter 9: 23). In later publications, Chapman insisted that
this focus did not mean lowering the bar for States. Quite to the contrary, in her view : "if states
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction