Under Article 2(1) ICESCR, States Parties undertake to take steps to the maximum of available resources to achieve PROGRESSIVELY the FULL realization of the rights:
Aonly by 2030 with strict deadlines (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1))
Bunconditionally and immediately (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1))
Cby all appropriate means including legislative measures; recognising PROGRESSIVE REALIZATION subject to maximum available resources (less strict than ICCPR's immediate obligations)
Donly with international assistance (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1)) (cf. ICESCR Article 2(1))
Answer & Solution
Correct answer: C. by all appropriate means including legislative measures; recognising PROGRESSIVE REALIZATION subject to maximum available resources (less strict than ICCPR's immediate obligations)
1. Article 2(1) ICESCR: 'Each State Party to the present Covenant undertakes 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.'
2. The doctrine of PROGRESSIVE REALIZATION distinguishes ICESCR from ICCPR (which generally imposes immediate obligations).
3. CESCR General Comment No. 3 (1990) elaborates: even under progressive realization, States have MINIMUM CORE OBLIGATIONS and obligation of NON-RETROGRESSION.
4. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — ICESCR Article 2(1)_
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