1. 1. This was confirmed by the ECtHR in Airey v. Ireland, ECHR App. No. 6289/73, 32 Eur. Ct. H.R. (ser. A) para. 26 (1979). Cf. Cecile Fabre, Canstitutionalising Social Rights, 6 J. Pol. Phil. 263, 267 (1998)
2. 2. Koch Ida Elisabeth, Economic, Social and Cultural Rights as Components in Civil and Political Rights: A Hermeneutic Perspective, 10 Int'l J. Hum. Rts. 405, 408 (2006).
3. The right to an Existenzminimum “only covers those means which are vital to maintain an existence that is in line with human dignity. It guarantees the whole subsistence minimum by a uniform fundamental rights guarantee which encompasses both the physical existence of the individual, that is food, clothing, household goods, housing, heating, hygiene and health.” Hartz IV at para. 135. See also Asylum Seekers Benefits at para. 90. Different from the ICESCR example, however, in Germany there is no fundamental right to anything beyond this minimum, whereas fundamental economic and social rights ideally be guaranteed “in full,” at least when the available resources allow for this.
4. See, in particular, Comm. on Economic, Social and Cultural Rights, General Comment 3, Rep. on its 5th Sess., U.N. Doc. E/1991/23 (Dec. 14, 1990) (“The Nature of State Parties Obligations”), where it was stated that “the Committee is of the view that a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party.” This recognition of the existence of minimum core obligations has been further elaborated in General Comments concerning the separate economic and social rights like the right to housing, health, social security, etc.
5. The shortfall was calculated to be at least 31 percent. See also Winkler & Mahler, supra note 31, at 391.