necessary to the full realisation of the right to education, legislation alone is not sufficient to fulfil the obligations in the Covenant.68 In addition, measures adopted must include express recognition of violations of the right to education (at a minimum non-discrimination and freedom guarantees) as well as effective remedies including, where appropriate, judicial remedies.69 Additionally, the framework of the ICESCR indicates that:70 (i) measures must be ‘reasonable’, ‘effective’ and ‘produce results’ compatible with the obligations under the Covenant; (ii) States must take into account the means which have proved to be the most effective in ensuring the protection of other human rights. The CESCR has expanded on the immediate obligation of State parties to take steps towards the realisation of secondary, higher and fundamental education for all those within its jurisdiction. The Committee said that:71 At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental education in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored. If a country has sufficient available resources, it must fulfil immediately all of the obligations set out in article 13(2) of ICESCR and article 29(1) of CRC. If not already in existence, legislation should be passed guaranteeing the right to education at all levels. Progressive obligations If a country is unable to achieve immediately the article 13(2) and article 29(1) rights72 due to financial constraints, the full realisation of all the elements of the right to education according to the features of availability, accessibility, acceptability and adaptability is a progressive undertaking. The concept of progressive realisation recognises that full realisation of all economic, social and cultural rights will generally not be achievable in a short period of time.73 The CESCR noted that the obligation differs significantly from that contained in 68 See Limburg Principles at para 18. Limburg Principles at para 19. 70 Sepulveda ‘The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights’ (2003) at 335 – 360. 71 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 52. 72 These articles set out the obligations in relation to each of the four levels of education: see term of reference (iv) for a detailed discussion of these obligations. 73 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 9. 69 52