The PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrine of:
Answer & Solution
Correct answer: C.
1. The CESCR General Comment No. 3 (1990) recognises that ICESCR rights are subject to progressive realization (Article 2(1)) BUT also recognises:
2. (i) MINIMUM CORE OBLIGATIONS — even subject to resource constraints, States have a minimum core obligation to ensure the satisfaction of, at the very least, MINIMUM ESSENTIAL LEVELS of each of the rights;
3. (ii) NON-RETROGRESSION — any retrogressive measure require justification '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';
4. (iii) NON-DISCRIMINATION — applies immediately;
5. (iv) Some IMMEDIATE OBLIGATIONS (e.g. obligation to take steps under Article 2(1), prohibit discrimination under Article 2(2), legal recognition).
6. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — CESCR General Comment No. 3 (1990) on the nature of States Parties' obligations under Article 2(1) ICESCR_
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