A/HRC/11/10
page 17
55. Further, the Committee has recommended that “[e]very effort should be made, at each
phase of a development project, to ensure that the rights contained in the Covenants are duly
taken into account”.32
56. Concerning specifically the issue of foreign debt, the Committee has emphasized that
“international measures to deal with the debt crisis should take full account of the need to protect
economic, social and cultural rights through, inter alia, international cooperation. In many
situations, this might point to the need for major debt relief initiatives”.33
57. States parties to the Convention on the Rights of the Child are obliged to undertake
measures for the implementation of the economic, social and cultural rights set out in the
Convention to the maximum extent of their available resources and, where needed, within the
framework of international cooperation (art. 4). The Committee on the Rights of the Child, while
noting that this provision reflects “a realistic acceptance” that lack of financial and other
resources can hamper the full implementation of economic, social and cultural rights in some
States, has emphasized that States must demonstrate that they have implemented these rights “to
the maximum extent of their available resources” and, where necessary, have sought
international cooperation.34 Further, the Committee has underlined that upon ratification of the
Convention, States parties assume obligations “not only to implement it within their jurisdiction,
but also to contribute, through international cooperation, to global implementation”.
58. Similarly, article 4 (2) of the Convention on the Rights of Persons with Disabilities, states,
with regard to economic, social and cultural rights, that “[e]ach State Party undertakes to take
measures to the maximum of its available resources and, where needed, within the framework of
international cooperation, with a view to achieving progressively the full realization of these
rights, without prejudice to those obligations contained in the present Convention that are
immediately applicable according to international law”.
59. Further, in article 32 of the Convention, the States parties “recognize the importance of
international cooperation and its promotion, in support of national efforts for the realization of
the purpose and objectives of the present Convention, and will undertake appropriate and
effective measures in this regard, between and among States and, as appropriate, in partnership
with relevant international and regional organizations and civil society”. These measures include,
inter alia, “(a) [e]nsuring that international cooperation, including international development
programmes, is inclusive of and accessible to persons with disabilities” and “(d) providing, as
appropriate, technical and economic assistance, including by facilitating access to and sharing of
accessible and assistive technologies, and through the transfer of technologies”.
32
Committee on Economic, Social and Cultural Rights general comment No. 2 (1990),
para. 8 (d) (E/1990/23, annex III).
33
34
Ibid, para. 9.
Convention on the Rights of the Child general comment No. 5, (arts. 4, 42 and 44, para. 6),
(CRC/GC/2003/5 (2003), para. 7).
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