Article 2(1) ICESCR and States Parties' Obligations: Whither the Budget?

Abstract

Article 2(1) of the International Covenant on Economic, Social and Cultural Rights sets out State parties' key obligations with regard to the implementation of the rights in the Covenant. According to that provision, States are under a duty to take steps to the maximum of their available resources, to achieve the full realisation of Covenant rights progressively. In addition to programmatic duties, Article 2(1) has also been recognised as imposing a number of immediate substantive and procedural obligations. Numerous aspects of Article 2(1) have been the subject of extensive discussion amongst academics, legal professionals and others. However, so far, only limited consideration has been given to the budget-specific obligations that are imposed by Article 2(1). Linking budget decisions regarding resource allocation and expenditure with the range of immediate and programmatic duties imposed by ICESCR, this article analyses Article 2(1) from a “budget perspective”.

Keywords: Socio-Economic Rights, Economic and Social Rights, Article 2(1) ICESCR, International Covenant on Economic, Social and Cultural Rights, Obligations, Budgets, Progressive Realisation