Minimum core obligations
There are certain core obligations within economic, social and cultural rights that should be
complied with immediately, regardless of economic resources, and which are not subject to
the principle of progressive realization. These are:
• non-discrimination in the application of economic, social and cultural rights;
• right to freedom from arbitrary forced evictions.
Analysing the content of economic, social and cultural rights
The basic content of economic, social and cultural rights such as health care, education, benefits, etc., must be made available to all on a non-discriminatory basis.
Further relevant standards will be:
• sufficiency: e.g., sufficient levels of benefits; and
• quality: e.g., health care of an adequate quality.
Where services forming part of the basic content of economic, social and cultural rights are
made available, they must be accessible to all. The concept of accessibility includes:
• physical accessibility: e.g., disabled access to schools; benefit offices within a reasonable
geographic distance of claimants;
• economically accessible: e.g., medical care available free of charge where necessary or at a
reasonable cost;
• non-discrimination and accessibility to vulnerable groups.
In addition, economic, social and cultural rights should be implemented in a manner that is
culturally acceptable. For example, education must be broadly culturally acceptable and appropriate to parents and children.
From the counter-terrorism perspective, an assessment of particular proposals should be
made to analyse the impact of those proposals on the economic, social and cultural rights
of all those affected by the measures. For example, policies that may require the detention
of those with irregular immigration status for security reasons should be assessed for their
likely impact on the individuals concerned and also those dependent upon them. That impact
assessment should be carried out in accordance with the interpretive principles in relation to
economic, social and cultural rights identified above.
Countering Terrorism, Protecting Human Rights
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