2. The States Parties to the present Covenant undertake to guarantee that the
rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
In addition, article 3 of the ICESCR provides that:
The States Parties to the present Covenant undertake to ensure the equal right of
men and women to the enjoyment of all economic, social and cultural rights set
forth in the present Covenant.
Immediate obligations
Two immediate obligations are particularly important: the guarantee that the right to
education will be exercised without discrimination and the obligation “to take steps” towards
the full realisation of the right to education.62 First, under article 2(2), States undertake to
guarantee that the right to education “will be exercised without discrimination of any kind as
to race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.” This is an immediate obligation63 and is, therefore, subject to
neither progressive realisation nor the availability of resources.64 This guarantee will be
discussed in greater detail under term of reference (vii).
Secondly, article 2(1) of the ICESCR requires States to take steps with a view to achieving
progressively the full realisation of the right to education by all appropriate means, including
particularly the adoption of legislative measures. Thus, while the full realisation of the right
to education may be achieved progressively, States have an obligation to begin immediately
to take steps towards that goal.65 The CESCR has said that such steps must be deliberate,
concrete and targeted as clearly as possible towards the full realisation of the right to
education.66
“Appropriate means” to achieve the right to education include legislative, administrative,
judicial, economic, social and educational measures.67 Although legislative measures are
62
CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December
1990 at paras 1 – 2 and CESCR General Comment No. 13: The right to education E/C.12/1999/10
8 December 1999 at para 43.
63
See Limburg Principles at para 35.
64
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 31. See also Limburg Principles at paras 22 and 23.
65
See Limburg Principles at para 16.
66
CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December
1990 at para 2 and CESCR General Comment No. 13: The right to education E/C.12/1999/10
8 December 1999 at para 43.
67
Limburg Principles at para 17.
51