A/HRC/25/27
promoting human rights principles and good governance in the context of public services,
information and communications technologies can be an effective tool to foster greater
participation.16 21. As the Committee of Experts on Public Administration noted at its
twelfth session, “it is undeniable that a framework enabled by information and
communications technologies is essential for public administration, particularly for the
effective delivery of public services” (E/2013/44-E/C.16/2013/6, para. 78).
C.
Legal framework of human rights in public service
1.
Which human rights obligations inform public service?
22.
The legal framework of human rights in the context of public service can be briefly
summarized as follows: States have core human rights obligations under human rights
treaties and pertinent national laws, which are applicable to all public services. These
include both positive and negative obligations, and the obligations to guarantee nondiscrimination and ensure equality. If rights are violated in the context of public service
provision, accountability must be ensured and in particular, remedies must be provided.
23.
Article 21 of the Universal Declaration of Human Rights recognizes the importance
of a participatory government and article 28 states that everyone is entitled to a social and
international order in which the rights and freedoms set forth in the Declaration can be fully
realized.
24.
Article 2 of the International Covenant on Civil and Political Rights requires States
parties to respect and ensure the rights recognized in the Covenant and to take the necessary
steps to give effect to those rights.
25.
According to article 2 of the International Covenant on Economic, Social and
Cultural Rights, each State party undertakes to take steps, individually and through
international assistance and cooperation, especially economic and technical, to the
maximum of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the Covenant by all appropriate means, including
particularly the adoption of legislative measures. In its general comment No. 3 (1990) on
the nature of States parties’ obligations, the Committee on Economic, Social and Cultural
Rights pointed out that “other measures which may also be considered ‘appropriate’ for the
purposes of article 2 (1) include, but are not limited to, administrative, financial,
educational and social measures” (para. 7). These measures can be interpreted to include
the delivery of public services.
26.
In its general comment No. 12 (1999) on the right to adequate food, the Committee
on Economic, Social and Cultural Rights stated that good governance is essential to the
realization of all human rights, including the elimination of poverty and ensuring a
satisfactory livelihood for all (para. 23). Moreover, “on the part of states … this requires
capable public sector institutions, including effective legislative, electoral, regulatory and
anti-corruption institutions and an independent judiciary. It also requires oversight over
other responsible actors such as the private sector. On the other hand … rights-holders need
to be empowered to participate in decision-making processes and to hold to account those
who are responsible for formulating policies and delivering services”.17 States should also
not take steps which may lead to retrogression and minimum core obligations must be met.
16
17
8
Global Thematic Consultation on Governance and the Post-2015 Development Framework:
Consultation report, 2013, sect. 4.2.3.
Ibid., sect. 4.1.1.
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