human right over another. Prioritization is acceptable to human rights, under the following
principles enunciated by the United Nations Office of the High Commissioner for Human Rights
(2002):
"First, no human right can be given precedence over others on the ground of
intrinsic merit, because from the human rights perspective all rights are equally
valuable, However, different rights can still be given priority at different stages of
progressive realization on practical grounds. For example, a country may decide to
give priority to a right that has remained especially under-realized compared with
others, to a right whose fulfillment is expected to act as a catalyst towards the
fulfillment of other rights, or to a right which a country may feel especially well
equipped to dealwith first in view of its tradition, experience and so on.
"Second, while allocating more resources to the rights that have been accorded
priority at any given point in time, care must be taken to ensure that the rest of the
rights maintain at least their initial level of realization. This restriction follows from
the principle of non-retrogression of rights - no right can be deliberately allowed to
suffer an absolute decline in its level of realization.
"Third, notwithstanding the recognition of resource constraint, the international
human rights system specifies some core obligations that require States to ensure,
with immediate effect, certain minimum levels of enjoyment of various human rights.
For example, a State has a core obligation, derived from the rights to life, food and
health, to ensure that all individuals within its jurisdiction are free from starvation.
These core obligations must be treated as binding constraints - i.e. no trade-offs
are permitted with regard to them."
Satisfaction of the minimum essential levels of human rights
The obligation to mobilize and devote the maximum available resources to progressively realize
human rights is complemented by core obligations, which require States "to ensure the
satisfaction of, at the very least, minimum essential levels of each of the rights" (UN CESCR, GC
3, 1990) guaranteed by the lnternational Covenant on Economic, Social and Cultural Rights.
The minimum essential levels of economic, social and cultural rights refer to, for example,
essential foodstutfs (right to adequate food), essential primary health care (right to highest
attainable standard of health), basic shelter and housing (right to adequate housing), and most
basic forms of education (right to education) (See Annex 5, Core Obligations and Public
Finance).
Core obligations would thus require public finance to adopt fiscal policies that would satisfy the
minimum essential levels of human rights by, among others, improving the equitable
distribution of the country's food supply or creating sustainable jobs, Compliance with core
obligations also implies sufficient budgetary allocations to sustain basic education, basic
shelter and housing, and primary health care.
It is important to note that core obligations are non-derogable (must be complied with under all
circumstances, including during states of emergency or situations of conflict or natural
disasters); therefore non-compliance with these obligations constitutes a violation of human
rights.
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