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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