Chapter 2 | Page 54 which a State acts with regard to its obligations. Rights-based obligations are related to the substantive rights outlined in Part III of the Covenant.32 Procedural obligations are derived from Part IV of the Covenant and include obligations that are mostly of a monitoring and reporting nature. 2.3.1 General Obligations General obligations under Part II of the ICESCR provide guidelines and parameters for States in order to ensure the realisation of the substantive rights identified in Part III of the Covenant. This part includes provisions covering the obligation to take steps for the realisation of the rights recognised in the Covenant in Article 2(1), non-discrimination (Article 2(2)), equal rights of men and women (Article 3), limitations (Article 4), and non-derogation of the rights (Article 5). These general obligations are discussed in more detail below. 2.3.1.1 Key obligations under Article 2(1) The nature of general State obligations under the Covenant is described in Article 2(1), which sets out the parameters of these obligations and what is expected of the State in relation to the substantive rights outlined in Part III of the Covenant. Article 2(1) states that: Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available 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.33 As discussed in Chapter 1, the nature of obligations arising out of this article has attracted considerable scholarly debate. Many of the conceptual and implementation challenges arising out of this article have been discussed by 32 The right to self-determination, although set out in Part I (Article 1), can be included as a substantive right. However, in this thesis, focus will be given on Part III substantive rights in order to maintain general focus on state action and resource policies. 33 International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) ('ICESCR').

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