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similar intention with regard to the Covenant on Economic, Social and Cultural Rights.
The reason for the difference in treatment is this. The Covenant on Civil and Political Rights relates to a number of matters the observance of which is capable of being determined as a matter of law by courts. The obligations under the Covenant on Economic, Social and Cultural Rights are more of an evolutionary nature and the obligations of States parties are expressed in terms of taking steps, within available resources "with a view to achieving progressively the full realisation of the rights recognised in" the Covenant. This obligation to implement the Covenant progressively does not provide the same kind of juridical criteria for the determination of a State's obligations."
7 August 1990
Paul Fifoot
Legal Advisers
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CONFIDENTIAL