is in accordance with the obligation of the progressive realisation of the right to education and the requirement that each State party take steps “to the maximum of its available resources”.78 The CESCR has observed that the obligations of States in relation to primary, secondary, higher and fundamental education are not identical.79 Rather, given the wording of article 13(2), States are obliged to prioritise the introduction of compulsory, free primary education. Although the CESCR has stated that the obligation to provide primary education for all is an immediate duty of all State parties, article 14 of the ICESCR makes it clear that this obligation is progressive. Retrogressive measures Since the realisation of the right to education needs to evolve progressively over time, any intended or deliberate decisions by the State to put in place laws and policies that “set back” achievements in relation to the enjoyment of the right to education would constitute violations of the right to education. Thus, States must avoid all retrogressive measures which directly or indirectly adversely affect the current standard and availability of education in the State. The CESCR has said that, if any deliberately retrogressive measures are taken, the State must show that they have been introduced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the ICESCR and in the context of the full use of the State’s maximum available resources.80 In this regard, after a detailed analysis of the practice and views of the CESCR, Sepulveda notes:81 States cannot tolerate a decline in the degree of protection afforded to a particular right without taking any action to try to redress or improve the situation. This obligation is particularly stringent in the case of vulnerable groups. 78 See term of reference (v) for a discussion of the requirement that each State party take steps “to the maximum of its available resources. 79 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 51. 80 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 45. See also CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 9. 81 Sepulveda ‘The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights’ (2003) at 321. 54