3. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL & CULTURAL RIGHTS Structure of the ICESCR Part I: Right to self-determination (Article 1) Part II: General nature of obligations of State Parties (Articles 2-5) Part III: Specific substantive rights (Articles 6-15) Part IV: International implementation & compliance mechanisms (Articles 16-25) Part V: General provisions of a legal nature (Articles 26-31) 3.1 Nature of Obligations Article 2(1) requires a State party to “take steps, individually and through international assistance and cooperation, 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 present Covenant by all appropriate means, including particularly the adoption of legislative measures.” Article 2(1) of ICESCR describes the nature of the obligations undertaken by State Parties. ICESCR is often criticized for not carrying immediate legal effect as compared with the ICCPR.27 But while the obligations under ICESCR are geared toward the progressive realization of rights, State Parties do in fact have an immediate obligation to take steps towards this realization: “Thus 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.”28 State Parties are also bound to ensure a minimum adherence to each of the rights contained in the Covenant: “a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of State Parties have education is, prima facie, failing to discharge its immediate obligations: obligations under the Covenant.”29 Finally, as discussed • To take steps towards the below, State Parties are obligated to guarantee that the full realization of rights; rights contained in the Covenant will be exercised • To ensure a minimum of without discrimination.30 essential levels of each of the rights; The CESCR has conceived of the obligations of State • To guarantee the exercise Parties under the Covenant as entailing three types of of rights without any kind obligations: the obligation to respect, requiring States to of discrimination. abstain from interfering with an individual’s rights and freedoms; the obligation to protect, requiring States to prevent other individuals from interfering with an individual’s rights and freedoms; and the obligation to fulfil, requiring States to take the necessary measures to ensure the satisfaction of the needs of individuals that such individuals cannot secure by their own personal efforts. 16