A/HRC/11/10
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F. States’ obligations
66. Under international law, human rights obligations are primarily held by States. These
obligations are of three types: the obligation to respect (right-holders, their freedoms, autonomy,
resources and liberty of their actions), to protect (right-holders against third parties by legislation
and provision of effective remedies) and to fulfil (the rights of everyone by using available
resources to establish an environment conducive to the enjoyment of rights and by direct
provision of basic needs). The obligation to fulfil incorporates both an obligation to facilitate and
an obligation to provide.35
67. In its general comment No. 3 (1990), the Committee on Economic, Social and Cultural
Rights expressed the view that a minimum core obligation to ensure the satisfaction of the
minimum essential levels of each of the rights in the Covenant is incumbent upon each State
party.36
68. It is notable that any assessment concerning whether a State has discharged its minimum
core obligations must also take account of resource constraints that apply within the country
concerned. Article 2 (1) of the International Covenant on Economic, Social and Cultural Rights
enjoins each State party to take the necessary steps “to the maximum of its available resources”.
Thus, for a State to be able to attribute its failure to meet at least its minimum core obligations to
a lack of available resources, it must demonstrate that every effort has been made to use all
resources at its disposal in an effort to satisfy those minimum obligations.37
69. The Committee has further emphasized that the inadequacy of available resources
does not relieve a State party of its obligation to strive to ensure the widest possible enjoyment of
the rights under the prevailing circumstances and that even in times of severe resources
constraints, vulnerable members of society must be protected by the adoption of relatively
low-cost targeted measures.38 Thus, a high debt burden does not nullify or diminish the duty of a
State to attempt to satisfy the minimum obligations it has with regard to economic, social and
cultural rights.
35
See Committee on Economic, Social and Cultural Rights general comment No. 12,
para. 15 (E/2000/22).
36
Committee on Economic, Social and Cultural Rights general comment No. 3 (1990), para. 10.
(E/1991/23, annex III).
37
See also Convention on the Rights of the Child general comment No. 5, para. 8
(CRC/GC/2003/5).
38
Committee on Economic, Social and Cultural Rights general comment No. 3 (1990), paras. 11
and 12 (E/1991/23, annex III); see also Convention on the Rights of the Child general comment
No. 5, para. 8 (CRC/GC/2003/5).
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