3.2 Elements of Flexibility A measure of flexibility is built into the obligations contained in the ICESCR. Firstly, as mentioned above, the concept of the progressive realization of rights recognizes “the difficulties involved for any country in ensuring the full realization of economic, social and cultural rights.”31 The ultimate objective of the Covenant is thus the full realization of these rights over time; nonetheless, meeting this objective requires expeditious and effective action by State Parties. Certainly, the adoption of deliberately retrogressive measures “would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.”32 Elements of Flexibility • Progressive realization of rights • To the maximum of available resources • Neutral as to economic and political system (provided it is democratic and respectful of human rights) The second element of flexibility in the ICESCR is introduced by the fact that a State Party is only obligated to take steps “to the maximum of its available resources.”33 This qualification even applies to the minimum core obligations of State Parties, although the threshold for justifying a failure to discharge such obligations on this basis is high, as a State Party “must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.”34 In circumstances where a State Party is lacking in available resources, it remains obligated “to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances”, as well as to “monitor the extent of the realization, or more especially of the non-realization, of economic, social and cultural rights and to devise strategies and programmes for their promotion”.35 In addition, in the view of the Committee on Economic Social and Cultural Rights, “even in times of severe resources constraints whether caused by a process of adjustment, of economic recession, or by other factors the vulnerable members of society can and indeed must be protected by the adoption of relatively low-cost targeted programmes.”36 The final element of flexibility lies in the fact that implementation of the ICESCR is not geared towards any particular political or economic system. While the CESCR has affirmed that the rights contained in ICESCR “are susceptible of realization within the context of a wide variety of economic and political systems”, it has specified that a given system should be democratic and respectful of the interdependence and indivisibility of civil and political rights and of economic, social and cultural rights.37 3.3 Legal Limitations on the Enjoyment of Rights Articles 4 and 5 set out the legal limitations that may be placed on the exercise of the rights protected in ICESCR. Article 4 provides that a State may impose limitations, as determined by law, upon the rights contained in the Covenant “only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.” Article 5(1) explains that the rights cannot be limited to a greater extent than is provided in the Covenant. Article 5(2) addresses the relationship of Covenant rights to other fundamental rights, and provides that limitations may not be imposed on 17