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3 Article 2(1): Progressive Realization of ICESCR Rights

Ben Saul, David Kinley, Jacqueline Mowbray

From: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul, David Kinley, Jaqueline Mowbray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 20 January 2021

Subject(s):
Economic, social, and cultural rights — National implementation — Object & purpose (treaty interpretation and) — Specific treaties
Article 2 comprises key umbrella provisions of the Covenant that stipulate the nature and extent of the obligations imposed on states parties in respect of their implementation of the substantive rights contained in the rest of the Covenant (namely Articles 3 to 15). Paragraphs 2 and 3 are universal in their coverage—concerning how states must implement in terms of extent and speed (paragraph 1), and that they must do so without discrimination (paragraph 2). Paragraph 3, however, is somewhat different, relating to an exception that applies only to ‘developing...
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