A/HRC/12/22
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relation to the minimum core obligations are not permissible under the Covenant.13 A State party
would have to demonstrate that these measures can be justified by reference to the totality of
rights provided for in the Covenant,14 i.e. that they are taken in pursuit of a pressing goal, that
they are strictly necessary and that no less restrictive measures were available to achieve the
same goal. The Committee recalls in general comment No. 3, paragraph 12, that even in times of
severe resource constraints, the vulnerable members of society must be protected by the adoption
of relatively low-cost targeted programmes.
14. Obligations under the Covenant apply to nationals and also to non-nationals, including
refugees and asylum-seekers. Nonetheless, under article 2, paragraph 3, of the Covenant,
developing countries may determine, with due regard to human rights and their national
economy, to what extent they would guarantee the rights recognized in the Covenant to
non-nationals. Moreover, the provisions in the Covenant concerning international assistance and
cooperation, particularly in article 2, have been interpreted to reflect an obligation to refrain from
actions which interfere with the enjoyment of economic, social and cultural rights in other
countries.15
B. Links between economic, social and cultural
rights and civil and political rights
15. From the perspective of the general human rights framework, there are links between
economic, social and cultural rights and civil and political rights. The Universal Declaration of
Human Rights contains a range of economic, social, civil, cultural and political rights. The
World Conference on Human Rights in its 1993 Vienna Declaration and Plan of Action affirmed
that “all human rights are universal, indivisible, and interdependent and interrelated”, and that all
human rights must be treated “globally in a fair and equal manner, on the same footing, and with
the same emphasis”.16 Some regional instruments, such as the African Charter on Human and
Peoples’ Rights, do not make any distinction between the two sets of rights. In addition, the
principles of non-discrimination and equality are equally applicable to all human rights.
16. The Human Rights Committee, the body that monitors implementation of the International
Covenant on Civil and Political Rights, holds the view that when a State party takes action
affecting economic, social and economic rights - even rights not protected by the Covenant - this
requires that, under article 26 of the Covenant, any such action be taken in a non-discriminatory
way, regardless of any shortage of resources. In addition, the Human Rights Committee is of the
13
Committee on Economic, Social and Cultural Rights, general comments No. 12 (1999) on the
right to adequate food (art. 11), para. 19, and No. 14 (2000) on the right to the highest attainable
standard of health (art. 12), para 32.
14
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 9.
15
Committee on Economic, Social and Cultural Rights, general comments No. 12, para. 14, and
No. 15 (2002) on the right to water (arts. 11 and 12 of the Covenant), paras. 30-36.
16
Chapter I, para. 5.
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