Chapter 2 | Page 61
available resources’ was well received by most delegates.70 The Canadian
delegation argued that ESC rights ‘represented essentially long-term aims to
be achieved gradually’71 and that ‘the rate of progress towards the
achievement of those aims would depend directly upon the degree of
economic development, the level of education, climate, and the natural and
human resources of the various countries’.72
The requirement to refer to ‘resources’ in the Covenant was debated and there
was general recognition that the Covenant rights require State action as well
as resources. While the requirement to use ‘maximum available resources’ is
contingent on the State, the Danish representative stated that: ‘It would be
unrealistic to attempt to dictate to States how they should allocate their
resources in that respect’.73 Later, the General Assembly recognised that,
given the nature of ESC rights and the close relationship between the
realisation of those rights and the economic and social conditions of the
countries concerned,
it would be unrealistic to require each State party to the Covenant to do more
than “undertake to take steps”, “to the maximum of its available resources”,
with a view to “achieving progressively” the full realization of the rights
recognized in the covenant.74
Nonetheless, it was also acknowledged that the enjoyment of ESC rights
‘depended in part upon available resources and upon domestic and
international economic and social conditions over which the State exercised
only incomplete control and which not only varied from country to country but
were also liable to sudden change.’75 On the other hand, it was admitted that,
70
Commission on Human Rights, France: Draft articles to be inserted before article 20, 8th
sess, Agenda Item 4, UN Doc E/CN.4/L.55 (25 April 1952).
71
United Nations General Assembly, Official Records, 6th sess, UN Doc A/C.3/SR.362 (8
December 1951), [31] (Canada).
72
Ibid.
73
Summary record of the 236th meeting of the Commission on Human Rights,
E/CN.4/SR.236, 7th sess, (2 July 1951).
74
United Nations General Assembly, Annotations on the text of the draft International
Covenants on Human Rights, 10th sess, Agenda Item 28, UN Doc A/2929 (1 July 1955),
chapter V, para 21.
75
Ibid., para 24.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents