5.3 Approach to ICESCR Rights (a) Nature of ICESCR rights As with ICCPR rights, States have an obligation to respect, protect and fulfill ICESCR rights. This means States cannot themselves interfere with ICESCR rights; must take measures to prevent others from interfering with ICESCR rights; and must take positive measures to fully realise these rights.14 ICESCR rights have several elements and characteristics. Non-discrimination is an immediate and crosscutting obligation in ICESCR.15 States must not discriminate with respect to all laws, policies and programs (including those affecting economic, social and cultural rights). There should be no discrimination in the provision of, for example, welfare, healthcare, employment and education, on grounds such as race, age, disability, religion, sex, gender or sexuality. ICESCR requires the elimination of formal discrimination, which means ensuring that laws and policy documents do not discriminate on prohibited grounds. It also requires substantive discrimination to be addressed. The CESCR Committee explains: Eliminating discrimination in practice requires paying sufficient attention to groups of individuals which suffer historical or persistent prejudice instead of merely comparing the formal treatment of individuals in similar situations. States parties must therefore immediately adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate substantive or de facto discrimination. For example, ensuring that all individuals have equal access to adequate housing, water and sanitation will help to overcome discrimination against women and girl children and persons living in informal settlements and rural areas.16 116 Proactive steps should therefore be taken to address existing inequality, even if it is pervasive, entrenched and complex — as is the case, for example, with First Nations disadvantage in Australia. In this manner, ICESCR rights are essential to protecting marginalised groups that may suffer or have historically suffered systemic discrimination, particularly in the context of government service provision; and/or are liable to fall through the cracks in government systems. Under ICESCR, States must meet ‘a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights’.17 These obligations have immediate effect. Even if a State has limited resources, it must still prioritise core obligations and introduce low-cost and targeted efforts to assist those most in need.18 The CESCR Committee explains: Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant. If the Covenant were to be read in such a way as not to establish such a minimum core obligation, it would be largely deprived of its raison d’être.19 The OHCHR provides the following list of examples of minimum core obligations, derived from CESCR General Comments: Ensure the right of access to employment, especially for disadvantaged and marginalized individuals and groups, enabling them to live a life of dignity; Ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;