Immediate Obligations Regarding the Implementation of Economic, Social and
Cultural Rights
16. Despite the obligation to progressively realise economic, social and cultural rights,
some of the obligations imposed on States parties to the African Charter are
immediate upon ratification of the Charter. These obligations include but are not
limited to the obligation to take steps, the prohibition of retrogressive steps, minimum
core obligations and the obligation to prevent discrimination in the enjoyment of
economic, social and cultural rights.
Minimum Core Obligations
17. States parties have an obligation to ensure the satisfaction of, at the very least, the
minimum essential levels of each of the economic, social and cultural rights
contained in the African Charter. The minimum core obligation is the obligation of the
State to ensure that no significant number of individuals is deprived of the essential
elements of a particular right.xi This obligation exists regardless of the availability of
resources and is non-derogable. When a State claims that it has failed to realise
minimum essential levels of economic, social and cultural rights it must be able to
show that it has allocated all available resources towards the realisation of these
rights, and particularly towards the realisation of the minimum core content. Where
the State does suffer from demonstrable resource constraints, caused by whatever
reason, including economic adjustment, the State should still implement measures to
ensure the minimum essential levels of each right to members of vulnerable and
disadvantaged groups, particularly by prioritising them in all interventions. While the
obligation to realise the minimum core content of the rights means that the state
should prioritise the realisation of the rights for the poorest and most vulnerable in
society it does not remove the obligation to progressively realise the rights for all
individuals.
Obligation to Take Steps
18. All States parties have immediate obligations to take steps, in accordance with a
measurable national plan of action, towards the realisation of the protected
economic, social and cultural rights. The measures adopted should be deliberate,
concrete and targeted as clearly as possible towards ensuring enjoyment of the
rights protected in the African Charter. States parties are obliged to take legislative
measures for the protection of economic, social and cultural rights. However, these
measures will generally not be sufficient. States Parties are also obliged to allocate
sufficient resources within national budgets towards the realisation of each right.
Non-discrimination
19. Article 2 of the African Charter prohibits any discrimination in the enjoyment of the
protected rights on the following non-exhaustive grounds including race, ethnic
group, colour, sex/gender, language, religion, political or any other opinion, national
and social origin, economic status and birth. Thus any discrimination against
individuals in their access to or enjoyment of economic, social and cultural rights on
any of the prohibited grounds is a violation of the African Charter. Discrimination
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