A/HRC/34/64
10.
Moreover, the ICCPR provides that exceptional circumstances such as internal
political instability or any other public emergency may not be invoked to justify derogation
from the right to life and security of person. 13
The right to food
11.
With respect to right to food, the legal obligations of states are set out in the
International Covenant on Economic, Social and Cultural Rights (“ICESCR”).14 The
Committee on Economic, Social and Cultural Rights in General Comment No. 12 also
defined the obligations that States parties have to fulfil in order to implement the right to
adequate food at the national level. The obligation to respect existing access to adequate
food requires states not to take any measures that result in preventing such access; the
obligation to protect requires measures by the state to ensure that enterprises or individuals
do not deprive individuals of their access to adequate food; the obligation to fulfil
(facilitate) means the State must pro-actively engage in activities intended to strengthen
people’s access to and utilisation of resources and means to ensure their livelihood,
including food security; and whenever an individual or group is unable, for reasons beyond
their control, to enjoy the right to adequate food by the means at their disposal, States have
the obligation to fulfil (provide) that right directly. This obligation also applies for persons
who are victims of natural or other disasters.
The right to water
12.
The human right to water is explicitly and widely recognised through several
international human rights treaties, declarations, and numerous other standards. 15 As noted
in General Comment No. 15 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR), “[t]he human right to water entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for personal and domestic uses. An
adequate amount of safe water is necessary to prevent death from dehydration, to reduce the
risk of water-related disease and to provide for consumption, cooking, personal and
domestic hygienic requirements.” One-hundred and twenty-two UN member states
acknowledged the right to water in GA resolution A/64/292.16 Intentionally attacking,
destroying, removing or otherwise rendering useless objects which are indispensable to the
survival of a besieged civilian population, including water stations, is prohibited under
IHL.17
Education
13.
As defined by General Comment No. 13 of the United Nations Committee on
Economic, Social and Cultural Rights, “education is both a human right in itself and an
indispensable means of realizing other human rights. As an empowerment right, education
is the primary vehicle by which economically and socially marginalized adults and children
can lift themselves out of poverty and obtain the means to participate fully in their
communities.”
13
14
15
16
17
26
International Covenant on Civil and Political Rights, United Nations, Treaty Series, vol. 999, p. 171
[hereinafter “ICCPR”], at art. 4, para. 2.
International Covenant on Economic, Social and Cultural Rights, United Nations, Treaty Series, vol.
993, p. 3 [hereinafter “ICESCR”], at art. 2.
See, e.g., Human Rights Council resolution 18/1 on the human right to safe drinking water and
sanitation.
General Assembly resolution 64/292 on the human right to water and sanitation.
International Committee of the Red Cross (ICRC), Customary International Humanitarian Law,
2005, Volume I: Rules [hereinafter “ICRC Rule”], at Rule 54.
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