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