article 2 of the ICCPR, which embodies an immediate obligation to respect and ensure all of the relevant rights. The CESCR has emphasised that the realisation of the right to education over time, that is “progressively”, should not be interpreted as depriving States’ obligations of all meaningful content. Rather, according to the Committee, progressive realisation means that States have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realisation of the right to education contained in article 13.74 The CESCR is of the view that each State party has a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to education.75 According to the Committee, in the context of article 13, this includes the following core obligations:76 …to ensure the right of access to public educational institutions and programmes on a non-discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with “minimum educational standards” (art. 13 (3) and (4)). Thus, a State party in which any significant number of individuals is deprived of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant.77 The CESCR noted, however, that any assessment as to whether a State has discharged its minimum core obligations must also take account of resource constraints applying within the country concerned. The Committee said that, in order for a State party 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. This 74 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 9 and CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 44. See also Limburg Principles at para 21. 75 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 10. 76 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 57. 77 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 10. 53

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