Principles applicable to the guarantee of economic, social and cultural rights under the ICESCR The extent to which economic, social and cultural rights are justiciable is a controversial issue. A number of courts, such as the South African Constitutional Court, are confident in their approach to implementing such rights.190 Other jurisdictions, most notably the US, consider economic, social and cultural rights to be more in the nature of political commitments and aspirations rather than rights that can be enforced through litigation. Whether or not courts are the best fora to guarantee economic, social and cultural rights, it is clear is that these rights can be interpreted and applied. The approach to implementing economic, social and cultural rights differs from the way in which civil and political rights work, but they can be equally practical and understandable. The committee responsible for implementing the ICESCR has produced extensive analysis of the ways in which the Covenant guarantees are to be given substance. States parties to the ICESCR are under three broad duties in relation to the rights protected under the Covenant: the duties to respect, to protect and to fulfil. • The obligation to respect does not require positive state action, only that the state refrains from interference. So, for example, there would be a violation of the right to housing if the state engaged in arbitrary forced evictions. • The obligation to protect can require that the state protect individuals from interference with socio-economic rights from non-state actors. This would apply, for example, where private companies were providing unsafe working conditions to employees. • The obligation to fulfil can require that the state takes positive measures to ensure that Covenant rights are implemented, through legislation, administrative measures, or budgetary allocations. This could require, for example, that detailed policies and programmes be put in place to ensure adequate access to health care for all citizens. Progressive realization of rights Outside of certain core minimum obligations, economic, social and cultural rights are not required to be implemented in full immediately; rather, full implementation is dependent on the economic circumstances of the state. The notion of progressive realization is derived from Article 2(1) ICESCR which states: Each state party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 190 See for example Constitutional Court of South Africa, The Government of the Republic of South Africa and Others v. Irene Grootboom and Others, Case CCT 11/00, 4 October 2000 and Constitutional Court of South Africa, Minister of Health and Others v. Treatment Action Campaign and Others, Case CCT 8/02, 5 July 2002. 78 Countering Terrorism, Protecting Human Rights