What do states need to justify according to ICESCR when implementing "retrogressive measures"?

Prepare for the International Human Rights Test with flashcards and multiple choice questions that include hints and explanations. Ace your exam effortlessly!

According to the International Covenant on Economic, Social and Cultural Rights (ICESCR), states are required to ensure that any retrogressive measures they implement, particularly those that may negatively impact the enjoyment of economic, social, and cultural rights, are subject to the most careful consideration. This requirement is in place to protect vulnerable populations and ensure that any decisions made to reduce these rights are thoroughly justified and can withstand scrutiny.

The rationale behind this obligation is to encourage states to maintain and improve the standard of living and social well-being of their citizens, rather than allowing for any backsliding in rights or standards. By requiring careful consideration, countries are held accountable for their actions and will have to demonstrate that any retrogressive step is necessary and can be justified in light of the overall obligations of the Covenant.

This principle emphasizes the importance of progressive realization of rights enshrined in the ICESCR and serves as a safeguard against arbitrary or undue reductions in the rights and standards that people are entitled to. This approach ensures that states consider the broader implications of their policies and actions on the welfare and rights of their populations.

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