Chapter 2 | Page 90 2.4.2 Addressing resource constraints through an ESC rights lens The invocation of resource constraints as an explanation for any retrogressive steps involves a number of considerations: the level of development, economic situation, competing priorities on limited resources, availability of low-cost options, and ability to seek and receive resources from the international community.220 The ESCR Committee has highlighted the primary role of the State ‘in formulating or adopting, funding and implementing laws and policies’221 in relation to ESC rights realisation. At the same time, the Committee identified that the State has a margin of appreciation to ‘determine the optimum use of its resources and to adopt national policies and prioritise certain resource demands over others’.222 These points indicate a clear recognition of the complexity of the nature of resource mobilisation and allocation in State policy and practice. While resource constraints may constitute a genuine limitation on the ability of the State in relation to ESC rights policies, this does not ‘alone justify inaction’.223 There is clear recognition that the obligation to take steps towards the realisation of ESC rights cannot be constrained by lack of resources. The Committee emphasises that: Where the available resources are demonstrably inadequate, the obligation remains for a State party to ensure the widest possible enjoyment of economic, social and cultural rights under the prevailing circumstances. The Committee has already emphasized that, even in times of severe resource constraints, States parties must protect the most disadvantaged and marginalized members or groups of society by adopting relatively low-cost targeted programmes.224 Here, ‘maximum available resources’ should not be interpreted as altering the immediacy of the obligation to take steps to achieve progressive realisation. 220 An evaluation of the Obligation to take steps to the "Maximum Available Resources" under an Optional Protocol to the Covenant, E/C.12/2007/1, above n 210, [10]. 221 Ibid., [11]. 222 Ibid., [12]. 223 Ibid., [4]. 224 Ibid.