fOrreceive resources offered by the international ‘community. In this regard, the phrase “to the maximum of its available resources” refers to both (d) where several policy options are available, whether the State party adopts the option that least restricts Covenant rights; the resources existing within a State as well as those available from the international community through international 6. As regards the core obligations of States parties in relation (e) the time frame in which the steps were taken; cooperation and assistance. to each rights, General of the Covenant Comment No. 3 states that, in order for a State party ‘to be able to attribute its failure to meet its core (f) whether the steps had taken into account the precarious situation of disadvantaged and marginalized individuals or groups and, whether they were non-discriminatory, and whether they prioritized grave situations or situations of risk. ‘obligations to a lack of available resources, it must ‘demonstrate that every effort has been made to use all resources that are at its disposal in an effort to satisfy, as a matter of priority, those core obligations. 7. Apart from the obligation to take steps (art. 2.1), States parties have an immediate obligation to “guarantee that the rights enunciated in the Covenant will be exercised without discrimination of any kind” (art. 2.2). This obligation frequently requires the adoption and implementation of appropriate legislation and does not necessarily require significant resource allocations. Similarly, the obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of Covenant rights and does not necessarily 9, take The Committee notes that in case of failure to any steps or of the adoption of retrogressive steps, the burden of proof rests with the State party to show that such a course of action the most careful consideration and can reference to the totality of the rights the Covenant and by the fact that full of available resources. was based on be justified by provided for in use was made 10. Should a State party use “resource constraints” as an explanation for any retrogressive steps taken, the Committee would consider such information on a country- by-country basis in the light of objective criteria such as: require significant State involvement. For example, the right of women to an equal salary for equal work should be implemented immediately. The obligation to protect (a) the country’s level of development; other hand, often require positive budgetary measures (b) the severity of the alleged breach, in particular whether the situation concerned the enjoyment of the minimum core content of the Covenant; in order to prevent third parties from interfering with the rights recognized in the Covenant (obligation (c) and, to a greater extent, the obligation to fulfill, on the the country’s current economic situation, in a enjoyment of these rights (obligation to fulfill). 8. In considering a communication concerning an alleged failure of a State party to take steps to the Maximum of available resources, the Committee will examine the measures that the State party has (d) the existence of other serious claims on the State party's limited resources; for example, resulting from a recent natural disaster or from recent internal or international armed conflict. or to facilitate, provide and promote the was undergoing particular whether the country period of economic recession; to protect) effectively taken, legislative or otherwise. In assessing Whether they are “adequate” Committee may take into or “reasonable”, account, inter alia, the the (e) whether the State party low-cost options; and had sought to identify following considerations: (f) whether (a) the extent to which the measures taken were deliberate, concrete and targeted towards the fulfillment of economic, social and cultural rights; {b) whether the State party exercised its discretion in 4 Non-discriminatory and non- arbitrary manner; the State party had sought cooperation and assistance or rejected offers of resources from the international community for the purposes of implementing the provisions of the Covenant without sufficient reason. ll. Inits assessment of whether a State party has taken reasonable steps to the maximum of its available resources to achieve progressively the realization of (c) whether the State party's decision (not) to allocate available resources is in accordance with international the provisions of the Covenant, the Committee places human rights standards; great importance on transparent and participative GENERAL COMMENTS AND STATEMENTS 599