ICESCR; it has had Special Rapporteurs named to study
particular rights; and it has held “days of general discussion”
on individual rights.
A third response has been to address justiciability arguments
based on cost and positive nature by clarifying the nature of
State obligations under the Covenant. In its General
Comment No.3, the Committee defined them as comprising
obligations to take steps towards realizing the rights (albeit
progressively), to avoid any unjustifiable backsliding (i.e.
deliberately regressive measures) in their realization, and to
assume a minimum core obligation in regard to each right.
The Committee has also endorsed a “typology” of State
obligations which disaggregates them into (1) the obligation
to respect (i.e. to refrain from interfering with the rights of
individuals), (2) the obligation to protect (i.e. to protect
individuals from interference with their rights by others),
and (3) the obligation to fulfill (i.e. to provide the object of
the right, such as adequate food or housing etc.).
This well-known typology goes some way to responding to
objections of justiciability: an obligation to respect is
essentially negative in nature and does not require the use of
State resources, an obligation to protect might require State
action (such as adopting legislation) but does not place
undue strain on State resources; it is only the obligation to
fulfill that raises the two obligations – costliness and positive
nature – most acutely.