Obligation to fulfil
10. The duty to fulfil economic, social and cultural rights requires States parties to take
positive steps to advance the realisation of the rights. Such measures should be
comprehensive, co-ordinated, transparent, and contain clear goals, indicators and
benchmarks for measuring progress. This obligation is, “a positive expectation on
the part of the State to move its machinery towards the actual realisation of the
rights.” The State should continually aim at improving both the range of individuals,
communities, groups and peoples who have access to the relevant rights as well as
the quality of enjoyment.
11. The duty to fulfil includes the adoption of measures that enable and assist
individuals and communities to gain access to these rights on their own. In cases
where individual and communities are unable to gain access to these rights by the
means at their disposal, the obligation will be, “to take measures necessary to
ensure that each person within its jurisdiction may obtain basic economic, social and
cultural rights satisfaction”
12. The rights of vulnerable and disadvantaged groups should be prioritised in all
programmes of social and economic development, and particular attention must be
paid to vulnerable and disadvantaged groups in programmes aimed at ensuring
access to appropriate services and resources.
Resources and Progressive Realisation
13. The obligation to progressively and constantly move towards the full realisation of
economic, social and cultural rights, within the resources available to a State,
including regional and international aid, is referred to as progressive realisation.
While the African Charter does not expressly refer to the principle of progressive
realisation this concept is widely accepted in the interpretation of economic, social
and cultural rights and has been implied into the Charter in accordance with articles
61 and 62 of the African Charter. States parties are therefore under a continuing
duty to move as expeditiously and effectively as possible towards the full realisation
of economic, social and cultural rights.
14. The concept of progressive realisation means that States must implement a
reasonable and measurable plan, including set achievable benchmarks and
timeframes, for the enjoyment over time of economic, social and cultural rights within
the resources available to the state party. Some obligations in relation to progressive
realisation are immediate. For example, States have an obligation to take concrete
and targeted steps to realise economic, social and cultural rights. The essential
needs of members of vulnerable and disadvantaged groups should be prioritised in
all resource allocation processes.
15. States need sufficient resources to progressively realise economic, social and
cultural rights. There are a variety of means through which states may raise these
resources, including taxation. The duty of the individual to pay taxes imposed by the
African Charter implies that there is an obligation on the State to institute an effective
and fair taxation system and a budgeting process that ensures that economic, social
and cultural rights are prioritised in the distribution of resources.
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