(v)
the nature and scope of the obligation of the State to use the maximum of its
available resources.
Summary
•
Each State must take steps, to the maximum of its available resources, with a view to
achieving progressively the full realisation of the rights to education.
•
States are not obliged to allocate all of their resources to education.
•
Regardless of the level of economic development, including in times of extreme resource
constraints, States still have an obligation to protect the right to education.
•
Where available resources are insufficient to fulfil the State’s obligations, the State must
seek international co-operation and assistance.
Discussion
Under the ICESCR, each State party undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the maximum
of its available resources, with a view to achieving progressively the full realisation of the
rights recognised in the Covenant.238 States are not obliged to allocate all of their resources to
education. Rather, States must allocate resources efficiently, effectively and equitably239 and
without negatively affecting or impairing the progressive realisation of other rights.240 An
internationally recommended level of funding is either 20% of the national budget or 6% of
gross national product.241
A minimum core obligation to ensure the satisfaction of, at the very least, the most basic
forms of education is incumbent upon every State party, regardless of the level of economic
development.242 Although any assessment as to whether a State has discharged its minimum
core obligations must also take account of resource constraints, a State must make every
effort to use all resources at its disposition in an effort to satisfy, as a matter of priority, those
minimum obligations. In times of financial restraint, priority should be given to primary
238
Article 2(1) of the ICESCR.
Limburg Principles at para 27.
240
See Limburg Principles at para 28.
241
See, for example, Report of the Special Rapporteur on the right to education Girls’ right to
education E/CN.4/2006/45 8 February 2006 at para 128.
242
CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December
1990 at para 10 and Limburg Principles at para 25.
239
94