A/HRC/40/56 A. Role of the State and relevant international commitments 50. States have the primary duty to respect, protect and promote the right to food and all the human rights of fishery workers under international human rights law. Consistent with international labour law and relevant international commitments, States should take all necessary measures, such as the adoption of laws, regulations, policies and programmes, to implement their international obligations towards all fishery workers. 1. International human rights law and standards 51. Article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights charge States with the obligation to respect, protect and fulfil the realization of fishery workers’ human rights, including the right to food. The Committee on Economic, Social and Cultural Rights explained in its general comment No. 12 (1999) on the right to adequate food that that right should be considered not in a narrow and restrictive sense but as being interdependent with all the other human rights and fundamental freedoms guaranteed by the core treaties on human rights, in particular the right to life, the right to health and the right to have decent work. 52. As the Special Rapporteur discussed previously, article 12 of the Covenant provides for the right to the highest attainable standard of health and its underlying determinants (A/73/164, para. 32). Fishery workers are thus entitled to adequate safe and hygienic conditions, adequate food and drinking water and safe working conditions, as the Committee has set out in its general comments No. 14 (2000) on the right to the highest attainable standard of health and No. 15 (2000) on the right to water. For workers aboard vessels at sea or engaged in especially dangerous work, States are obliged to prevent or minimize occupational and safety hazards to the extent reasonably practicable. 53. Articles 6, 7 and 9 of the Covenant provide for the right to just and favourable conditions of work, including the right to a living wage, the right to rest and the right to reasonable working hours. Despite the high rate of informality in the sector, fishery workers are entitled to opportunities that provide steady income and employment security. States must also ensure that vessels engaged in trans-shipment do not impose excessive working hours or interfere with opportunities for rest. Article 9 of the Covenant and the Committee’s general comment No. 19 (1998) further define the parameters of the right to social security, a system that fails to include most agricultural workers and fishery workers alike (A/73/164, para. 31). 54. While it is not binding on States, the Code of Conduct for Responsible Fisheries recommends that States ensure that fishing facilities and equipment as well as all fisheries activities allow for safe, healthy and fair working and living conditions (art. 6.17), consistent with obligations set out in the Covenant. The Code of Conduct also indicates that States should enhance the training and competency of fishers (art. 8.1.7) and ensure compliance with health and safety standards (art. 8.1.5). Finally, the Code provides that crew members are entitled to repatriation to their home country at the end of their contracts (art. 8.2.9). The International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, which was established under the Code of Conduct, further details the economic, social and environmental impacts of illegal, unregulated and unreported fishing under its social responsibility clause (para. 9.3). 55. Guidance for States on realizing the right to food is set forth in general in the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, and for small-scale fishery workers specifically in the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication. The Guidelines represent the first international instrument dedicated entirely to small-scale fisheries, promoting a human rights-based approach to the realization of the right to adequate food and the equitable socioeconomic development of fishers and fishing communities. Some States are actively using the Guidelines to develop a regulatory framework that recognizes the contribution of fisheries 12