It is also important to recognize that "any assessment as to whether a State has discharged its
minimum core obligation must also take account of resource constraints applying within the
country concerned. Article 2 (1) obligates each State party to take the necessary steps 'to the
maximum of its available resources.' ln order for a State party to be able to attribute its failure to
meet at least its minimum core obligations to a lack of available resources it 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." (UN CESCR, GC 3, 1990)
ln addition, "even where the available resources are demonstrably inadequate, the obligation
remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights
under the prevailing circumstances." (UN CESCR, GC 3, 1990) And, "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." (UN CESCR, GC 3, 1990)
The obligation to mobilize and use the maximum of available resources to progressively realize
human rights is also supplemented by the legal obligations to respect, protect and fulfill human
rights.
The obligation to respect human rights is immediate and unconditional and requires the State
to refrain from interfering with the enjoyment of human rights. (Maastricht Guidelines, 1997) The
obligation to respect human rights requires government to refrain from adopting fiscal policies
that for example maintain a low inflation rate that restricts job creation and thus adversely
atfects the right to an adequate standard of living. (Balakrishnan et al, 2011)
The obligation to protect human rights compels states to prohibit others from violating human
rights and requires states to prevent violations of human rights by third parties. The obligation
to protect human rights requires government to, for example, regulate the country's financial
sector, rigorously oversee public-private partnerships, and strictly exercise its regulatory and
monitoring functions when it levies taxes, or spends public money or borrows on behalf of the
country.
"The obligation to fulfill (facilitate or promote) human rights requires states to actively create
conditions aimed at achieving full realization of human rights. This obligation also requires
states to take necessary measures to ensure that each individual has the opportunity to obtain
the entitlements of human rights that cannot be secured by personal or individual efforts alone.
It implies a long-term view, which requires financial inputs which cannot be contributed by
individuals alone, and which involves issues of public expenditures, state regulation of the
economy, basic services, taxation, and related redistributive measures." (NEDA,2011) The
obligation to fulfill (facilitate) human rights thus requires government to step up its financial
resource mobilization efforts, by among others, drawing on its foreign exchange reserves to
support the realization of human rights, setting interest rates to stimulate economic activity and
create job opportunities, enhancing revenue collection efforts, and spending public money on
items that support the realization of human rights.
The obligation to fulfill (provide) human rights comes into play whenever individuals or groups
are unable to realize their rights by themselves for reasons beyond their control, such as during
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