education, but without undue detriment to secondary, technical, vocational or tertiary education. The CESCR has emphasised that, notwithstanding the demonstrable inadequacy of available resources, the obligation remains for a State to strive to ensure the widest possible enjoyment of the right to education under the prevailing circumstances. Thus, even in times of severe resource constraints, whether caused by a process of adjustment, of economic recession, or by other factors, the vulnerable members of society must be protected by the adoption of innovative and creative low-cost targeted programmes. Further, the obligations to monitor the extent of the realisation (or the non-realisation) of the right to education, and to devise strategies and programmes for its promotion, are not in any way eliminated as a result of resource constraints.243 States should adopt a rights-based approach to any structural adjustment programmes and fiscal austerity measures which may impact upon direct and indirect costs for primary education. Where available resources are insufficient to fulfil a State’s obligations relating to the right to education, the State must seek international cooperation and assistance.244 The Dakar Framework contains a commitment by all nations that no country seriously committed to Education for All will be thwarted in the achievement of their goals by lack of resources.245 States should not compromise their obligation to fulfil the right to education when seeking and securing international financial assistance. International aid funds intended for education should not be diverted to other uses, even temporarily. 243 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at paras 11 - 12. 244 Article 2(1) of the ICESCR. In addition, para 26 of the Limburg Principles provides that “its available resources” refers to both the resources within a State and those available from the international community through international co-operation and assistance. See also CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 13. 245 Paragraph 48 of the Dakar Framework for Action. 95

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