All human rights are universal, and States are obliged to respect those rights, regardless of whether they are of an economic, social, cultural, civil or political character. However, it does not necessarily follow that all rights are easily amenable to or best implemented by an adjudicative-type process. The creation of an optional protocol to the International Covenant on Economic, Social and Cultural Rights may be premature where the core requirements of those rights have yet to be defined with precision. Content of economic, social and cultural rights 2. Domestic courts and international bodies have examined extensively the scope and content of most civil and political rights, and identified the essential components of those rights which must be ensured by States.
Grey areas remain, and the boundaries evolve over time, but the essence of the rights is known.
Economic, social and cultural rights are not similarly placed. Progressive realization is not a concept which easily lends itself to adjudication, in that standards will vary according to circumstances. In the absence of consistent benchmarks, it is difficult for States to determine whether they are in compliance with their obligations under the Covenant. Different systems of government have radically different approaches to resource allocation and management of their economies, which would make it difficult to apply a common standard. For the above reasons, a more appropriate path may be for the Committee to delineate, with some precision, the scope and content of the rights in the Covenant, perhaps through the use of general comments.