A/HRC/32/31 18. There is also the question of the legitimacy of the overall human rights enterprise. The economic and social rights framework is increasingly portrayed by critics as being toothless and ineffectual and bringing small or no returns in terms of social justice. Based on such critiques, commentators have argued that only a radically different, non-human rights-based, language could meaningfully address these challenges, that economic and social rights mandates are diverting resources away from the rights that matter, that only political parties and social movements and not human rights groups have the potential to achieve social justice objectives, and that free markets and private enterprise hold the key to economic and social rights in the wake of clear governmental failures in this domain. 19. Closely linked to this loss of legitimacy is a loss of credibility in the eyes of rights holders. The second-class status of economic and social rights has deeply negative consequences for the potential of the human rights movement to gain the widespread support that it needs in order to establish its credibility in the eyes of the literally billions of people whose fundamental needs continue to be of only minor relevance to the core human rights agenda. The fact that the movement is subject to powerful challenges at the global level is due in significant part to the perception that its overriding preoccupations do little or nothing to address the most abiding and pressing challenges confronted by a large part of humanity. III. Understanding and acting upon States’ economic and social rights obligations 20. States’ obligations under human rights treaties are described in different ways in different treaties. In civil and political rights contexts, the obligation is to respect and to ensure, whereas economic, social and cultural rights standards reflect an obligation to recognize the rights and take steps to realize them progressively. In spelling out those obligations, international bodies and commentators have commonly identified duties to protect, respect and fulfil. 21. However, in the 50 years since the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were adopted, extensive experience has been gained at both the international and national level, which enables us to identify the key ingredients in successful approaches to the recognition and implementation of human rights obligations. Three are of particular salience in relation to economic and social rights: (a) the need to accord legal recognition to the rights; (b) the need for appropriate institutional arrangements to promote and facilitate realization of the rights; and (c) the need for measures that promote governmental accountability. This can be termed the recognition, institutionalization and accountability framework, or the RIA framework, and its implications for economic and social rights are considered below. A. Legal recognition 22. The International Covenant on Economic, Social and Cultural Rights contains three principal types of obligation. The first, and the most consistently ignored or underestimated, is the obligation to recognize each of the particular rights. The second is to take steps through all appropriate means, including particularly the adoption of legislative measures. The third is the obligation to “guarantee” the exercise of the relevant rights without discrimination. 9

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