A/HRC/28/65
negotiation of a new legally binding instrument is one among many alternative ways
through which the fight against impunity for human rights violations could be further
strengthened. He also suggested that States cooperate with one another in order to ensure
that victims are provided with effective remedies in transnational cases. The Special
Rapporteur supports the recommendations made by her predecessor and urges States to
consider bringing his proposals to the Human Rights Council for further clarification on the
States’ obligation in relation to non-regulatory means; to identify best practices regarding
cooperation between States; and for the adoption of a resolution to draw attention to the
Maastricht Principles. The Special Rapporteur recommends that the Human Rights Council
establish a mechanism to explore the feasibility of seeking an advisory opinion from the
International Court of Justice to determine the legal obligations associated with the
extraterritorial implementation of the right to food. The advisory opinion of the Court
would itself have no legally binding effect, however, as the highest international court, it
has an interpretative authority with respect to particular legal questions. Legal clarification
would increase the influence of voluntary regulatory efforts having the goal of reaching
legally binding agreements.
VI. Conclusion and recommendations
71.
The question of justiciability of economic, social and cultural rights has long
been debated in the international sphere. States have been reluctant to allow for
individual complaint procedures before the Covenant. All human rights are
indivisible, and should be protected as such. Economic, social and cultural rights are
more than mere aspirations, they are necessary conditions for the stability of the
democratic order, and economic power must be subject to democratic control. The
newly ratified Optional Protocol is an effort to equalize and operationalize those two
categories of rights and empower the justiciability of the economic, social and cultural
rights. The Special Rapporteur intends to work closely with civil society and States to
promote ratification and use of the Optional Protocol and bring violations to the
attention of the Committee on Economic, Social and Cultural Rights as a practical
means of eradicating hunger and promoting the right to adequate food. The Optional
Protocol has the potential to contextualize and operationalize the right to food at
international and national levels. However, we should not be complacent as much
remains to be done beyond the scope of the Optional Protocol. Wealthy States not only
have moral obligations to address poverty and hunger beyond their borders, they are
also legally obliged to do so under international law. International cooperation and
development assistance must become the legal norm in an increasingly global world.
Despite established duties in a number of human rights documents and voluntary
principles, significant barriers and loopholes exist in relation to the extraterritorial
application of States obligations in human rights law. A coordinated international
response is essential in order to maintain international peace and security and to
ensure protection of the most vulnerable in times of economic globalization.
72.
The Special Rapporteur recommends that States:
(a)
For those that have not already done so, ratify the Optional Protocol to
the International Covenant on Economic, Social and Cultural Rights as a matter of
priority;
(b)
Ensure recognition of the justiciability of the right to food by judicial
and quasi-judicial bodies at the national, regional and international levels;
(c)
Ensure renewed political commitment to the progressive realization of
the right to adequate food by adopting policies, constitutional principles and
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