Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation 2.2.1 The undertakings of the States parties Each State party to the International Covenant on Economic, Social and Cultural Rights “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 ... Covenant by all appropriate means, including particularly the adoption of legislative measures” (art. 2(1)). Although the Covenant thus “provides for progressive realization and acknowledges the constraints due to limits of available resources”, the Committee emphasized in General Comment No. 3 that “it also imposes various obligations which are of immediate effect”. In the view of the Committee, two of these are of particular importance, namely: first, the undertaking in article 2(2) “to guarantee that the rights enunciated in the ... Covenant will be exercised without discrimination” on certain specific grounds; and second, the undertaking in article 2(1) “‘to take steps’, which in itself, is not qualified or limited by other considerations”.31 In other words, “while the full realization of the relevant rights may be achieved progressively, steps towards that goal must be taken within a reasonably short time after the Covenant’s entry into force for the States concerned. Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the obligations recognized in the Covenant”.32 2.2.2 The rights recognized The following rights are recognized in the International Covenant on Economic, Social and Cultural Rights. Wherever the Committee has adopted General Comments relevant to the understanding of these rights, they will be referred to in a footnote. v the right to work, including the right to gain one’s living by work freely chosen or accepted – art. 6; v the right to enjoy just and favourable conditions of work, including fair remuneration for work of equal value without distinction of any kind – art. 7; v the right to form trade unions and join the trade union of one’s choice – art. 8; v the right to social security, including social insurance – art. 9; v protection and assistance to the family; marriage to be freely entered into; maternity protection; protection and assistance to children and young persons – art. 10; v right to an adequate standard of living, including adequate food,33 clothing and housing,34 and to the continuous improvement of living conditions – art. 11; v the right to the highest attainable standard of physical and mental health – art. 12; v the right to education – art. 13;35 31 See General Comment No. 3 (The nature of States parties’ obligations (art. 2. para. 1), in United Nations Compilation of General Comments, p. 18, paras. 1 and 2. 32 Ibid., p. 18, para. 2. 33 General Comment No. 12 (The right to adequate food – art. 11), ibid., pp. 66-74. 34 General Comment No. 4 (The right to adequate housing – art. 11(1)), ibid., pp. 22-27, and see also General Comment No. 7 (The right to adequate housing – art. 11(1): forced evictions), ibid., pp. 49-54. 35 General Comment No. 13 (The right to education – art. 13), ibid., pp. 74-89. 40 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

Select target paragraph3