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.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers