A/HRC/37/34 without prejudice to the specific rights accorded to these and other groups of people on the move. 10. When the international community adopted the Universal Declaration of Human Rights on 10 December 1948, the Declaration was accepted as a common standard for all peoples and nations. It spelled out, for the first time in human history, the minimum civil, political, economic, social and cultural rights that all human beings should enjoy. The International Bill of Human Rights (the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) permits a distinction to be made between nationals and non-nationals in respect of only two rights, and only in certain circumstances.9 Thus, with those narrow exceptions, the entire international human rights framework applies to all migrants, regardless of where they are, and regardless of their status. 11. Human rights are universal, inalienable, indivisible and interdependent. The international human rights framework makes clear that, to give effect to these rights and uphold the fundamental principle of non-discrimination, duty bearers must consider the unique and individual circumstances of each person. 10 By becoming parties to international human rights treaties, States assume obligations under international law and undertake to establish domestic measures and legislation reflecting those obligations. 11 As a result, there may also be practical consequences for municipal authorities and local governments. States may also be responsible for the human rights consequences of actions, or failures to act, by private actors, including corporations, members of civil society and private security contractors. They have a duty to take appropriate steps to prevent human rights abuses that 9 10 11 4 1949 (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Convention relating to the Status of Stateless Persons; and the Convention on the Rights of Persons with Disabilities. Article 25 of the International Covenant on Civil and Political Rights reserves to citizens the right to vote and take part in public affairs, and article 12 reserves the right to freedom of movement within a country to foreigners who are lawfully present within the country. However, in its general comment No. 15 (1986) on the position of aliens under the Covenant, the Human Rights Committee has stated that a foreigner may enjoy the protection of article 12 of ICCPR in relation to entry or residence, for example, when considerations of non-discrimination, prohibition of inhuman treatment and respect for family life arise. Article 2 (3) of the International Covenant on Economic, Social and Cultural Rights establishes one limited exception to the principle of non-discrimination on grounds of nationality in the enjoyment of the rights of the Covenant. This provision states: “Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.” However, article 2 (3) must be narrowly construed; the exception applies only to developing countries and it only concerns economic rights. Under the Covenant, a State may not discriminate on grounds of nationality or legal status. Any distinction, exclusion, restriction or preference, or other differential treatment on grounds of nationality or legal status, should be in accordance with the law, pursue a legitimate aim and remain legitimate to the aim pursued. The Committee on Economic, Social and Cultural Rights has stressed that without prejudice to the possibility for the State to order migrants who are undocumented or in an irregular situation to leave the territory, the very presence of such migrants under its jurisdiction imposes on the State certain obligations, including the primary obligation to acknowledge their presence and the fact that they can claim rights from national authorities. See E/C.12/2017/1, paras. 3, 5, 6 and 8; see also OHCHR, The Economic, Social and Cultural Rights of Migrants in an Irregular Situation, 2014, pp. 31–32. Article 2 of the International Covenant on Civil and Political Rights makes clear that, with respect to all rights recognized by the Convention, the duty bearer is usually the State under whose jurisdiction a person is located. It obliges States to respect the rights recognized in the Covenant and ensure that they are enjoyed by all individuals who are within its territory and/or subject to its jurisdiction, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. States assume obligations and duties under international law to respect, protect and fulfil human rights. The obligation to respect means that States must not interfere with or curtail the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses committed by third parties. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of human rights.