functions may correspond different consequences. We have distinguished above the non‐
discrimination, basic needs, and procedural components of the "core content": it is entirely
understandable that each of these components has different foundations, and that the "core
content", as a result, resembles a patchwork. In defence of the concept however, we must recall the
limited purpose for which it was developed in the first place: the objective was to identify the
dimensions of the right that should be guaranteed also in low‐income countries, given that relatively
low‐cost measures are sufficient to guarantee them. As noted by Robertson: "...there is an
assumption, though a rebuttable one in the eyes of the Committee, that every state possesses
sufficient resources for subsistence purposes if they define resources broadly enough and are
sufficiently aggressive in resource acquisition" (Robertson 1994: 702).
But a second critique of the "core obligations" approach, that plays such a key role in the "violations
approach" as defined by Chapman, is more important. By definition, this approach has nothing to say
on what corresponds, in Eide's terminology, to the obligation to fulfil, which is a duty to move
towards the full realization of the right beyond its "essential" content: this is why many
commentators considered that the proposal made by Audrey Chapman might represent a step
backwards, not forward ‐‐ in her own words "weaken[ing] the calls for a full implementation of the
rights of the Covenant by concentrating on the most flagrant abuses" (Chapman 2007: 156). For
instance, writing on the right to health, Birgit Toebes notes that clarifying the "core content" of that
right may encourage States to "put the elements not contained by the core into an 'indefinite'"
(Toebes 2001: 176). Young makes a similar critique, though with a more ideological spin. She writes
that "the minimalist focus within the core may well legitimate neoliberalism, especially if the claim
for the minimum core is made in order to increase the bundles of commodities or consumption share
of the disadvantaged, while failing to challenge the underlying economic institutions which have
produced the disadvantage in the first place" (Chapter 10: 174). Indeed, by focusing on the core
content of economic and social rights ‐‐ providing the poor and marginalized with the essential
minimum that they require to live healthy lives in dignity ‐‐, while neglecting the other requirements
associated with the progressive realization of the promises of the Covenant, we do not question the
structures that cause the poverty and marginalization of the victims in the first place: we leave them
untouched, while guaranteeing a "floor" to the individual that avoids him or her falling permanently
into extreme poverty.
More recently ‐‐ moved, perhaps, by such critiques ‐‐ Chapman recognized that her "violations
approach" should, perhaps more suitably, be treated as just one methodology among others: "It is
obviously important to go beyond a 'violations approach' so as to provide a positive guideline on how
best to implement the rights in question, and to assess whether particular states parties are making
reasonable progress in improving their human rights implementation" (Chapman 2007: 156). But
going beyond a "core obligations" approach requires that we equip ourselves to assess progress in
the realization of human rights. This is turn calls for the development of indicators, measuring not
only outcomes but also the normative framework adopted by the State and its efforts in moving
towards such outcomes (see on the use of indicators to measure progress in the realization of
economic and social rights Green 2001; Landman 2004; de Beco 2007; Welling 2008; Rosga and
Satterthwaite 2009; Landman and Carvalho 2010). And it requires, especially, that we agree on clear
criteria to assess whether the degree of realization of rights, in any particular State, is sufficient to
meet the requirements of the Covenant. The analysis of public budgets has been proposed as a tool
in this regard: Chapters 12 and 13 provide a discussion of the potential, but also of the limitations, of
this approach.
b) Public budget analysis
In the second of its series of annual Human Development Reports, published in 1991, the United
Nations Development Programme offered to analyze how public expenditures can be mobilized in
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction