A/HRC/20/23
Progressive realization
15.
The obligation of States to achieve progressively the full realization of economic,
social and cultural rights requires States to move as expeditiously and effectively as
possible towards the full realization of these rights.
16.
States should ensure that their rights and obligations arising from external debt
agreements or arrangements, particularly accepting an unreasonable or excessive obligation
to repay external debt,6 do not hinder the progressive realization of economic, social and
cultural rights. Non-State lenders have an obligation to ensure that debt contracts to which
they are party or any policies related thereto fully respect human rights.
Minimum core obligations
17.
Every State has an obligation to ensure the satisfaction of, at the very least, the
minimum essential levels of each economic, social and cultural right. The minimum
essential levels of each of these rights should be seen as the base level from which States
should endeavour to improve the enjoyment of the right.
18.
States should ensure that their rights and obligations arising from an external debt
agreement or arrangement, particularly the obligation to repay external debt, do not
derogate from their minimum core obligations with respect to these rights.
Non-retrogression
19.
States have an obligation to avoid retrogressive measures, that is, any deliberate
action which has the effect of impairing the advancement in economic, social and cultural
rights and thus hindering the continuous realization of these rights.
20.
States should ensure that their rights and obligations arising from external debt,
particularly the obligation to repay external debt, do not lead to the deliberate adoption of
retrogressive measures.
The duty of international cooperation among States
21.
Articles 55 and 56 of the United Nations Charter and various human rights treaties
and declarations reflect clear requirements for States to cooperate with and assist each other
in order to achieve certain goals, including ensuring development and eliminating obstacles
to development, finding solutions to international economic, social, health and related
problems, and promoting universal respect for, and observance of, human rights and
fundamental freedoms.
22.
The duty of international assistance and cooperation enjoins States to ensure that
their activities, and those of their residents and corporations, do not violate the human
rights of people abroad and that States, individually or through membership of international
institutions, do not adopt or engage in policies that undermine the enjoyment of human
rights or further engender disparities between and within States.
6
The obligation to repay external debts is emphasized here (and in sections 2.3 and 2.4) because the
amounts that a debtor State allocates for debt repayments are thus deducted from its “available
resources” which, pursuant to article 2(1) of the International Covenant on Economic, Social and
Cultural Rights, should be optimally devoted to the realization of economic, social and cultural rights.
13
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