Practice question
A State party facing genuine fiscal constraints adopts a funded, measurable program to expand secondary schooling. It also closes existing public primary schools only to children of one religion, although admitting them costs no more. Officials defend both measures solely by invoking progressive realization. Which analysis is best?
- The phrase automatically validates both measures.
- The resource-sensitive expansion must be assessed under Article 2(1), but it does not excuse the separate discriminatory exclusion.
- No State may ever prioritize any educational expenditure.
- All education rights are immediately satisfied only when every level is universally free.
- Religious discrimination becomes lawful whenever a budget is adopted.
Legal references
- International Covenant on Economic, Social and Cultural Rights, Articles 2–4, 7, 9, 12–14, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/36/10829
- CESCR, General Comment No. 13 (1999), paragraphs 43–45, https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=NDHbUvPo0H0e6ReM%2BeoASfvbY3aH6JttLpsRvkmL87wD80W4xnAiRpmKA6ZLwTp9xzCLNUYwTBP35uH1Fw6yqQ%3D%3D
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