Practice question
A State party says that because educational facilities must improve progressively, it may postpone all steps to eliminate religious discrimination in school admission. Which answer best applies ICESCR Article 2(2) and CESCR General Comment No. 13?
- Progressive realization suspends every nondiscrimination obligation.
- Religious discrimination is outside the Covenant.
- Taking any steps is optional until the State is wealthy.
- Only university admissions are covered by nondiscrimination.
- The nondiscrimination guarantee is immediate; progressive realization does not justify postponing it.
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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