A/HRC/42/CRP.5 Child (CRC).4 The Mission also finds it necessary to elaborate on the rules of State responsibility under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, to which Myanmar is a party. 1. Economic, social and cultural rights 37. The ICESCR places obligations on States to recognize and ensure the right to an adequate standard of living, including adequate food and housing,5 and the highest attainable standard of health.6 The CRC provides similar obligations towards children specifically.7 Under these obligations, State parties are generally required to undertake steps, to the maximum of their available resources, with a view to achieving progressively the full realization of these rights.8 These rights apply to everyone including non-nationals, such as stateless persons, regardless of legal status and documentation.9 Complaints of violations should be promptly, impartially and independently investigated and adjudicated, providing the complainant with access to an effective remedy where appropriate. 10 The United Nations Committee on Economic, Social and Cultural Rights and the United Nations Committee on the Rights of the Child further consider that their respective treaties requires States parties to adopt an active approach to eliminating discrimination, with the former explaining that for systematic discrimination: Tackling such discrimination will usually require a comprehensive approach with a range of laws, policies and programmes, including temporary special measures. States parties should consider using incentives to encourage public and private actors to change their attitudes and behaviour in relation to individuals and groups of individuals facing systemic discrimination, or penalize them in case of noncompliance. Public leadership and programmes to raise awareness about systemic discrimination and the adoption of strict measures against incitement to discrimination are often necessary. Eliminating systemic discrimination will frequently require devoting greater resources to traditionally neglected groups. Given the persistent hostility towards some groups, particular attention will need to be given to ensuring that laws and policies are implemented by officials and others in practice.11 4 5 6 7 8 9 10 11 10 ICESCR, arts. 11 and 12; CRC, arts. 24 and 27. Myanmar became a party to the ICESCR in October 2017 and a party to the CRC in July 1991. ICESCR, art. 11. ICESCR, art. 12. CRC, arts. 24 and 27. ICESCR, art. 2; Committee on the Rights of the Child, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), CRC/C/GC/15, 17 April 2013, para. 71. United Nations Committee on Economic, Social and Cultural Rights, “General Comment No. 20: Non-discrimination in economic, social and cultural rights” (E/C.12/GC/20), para. 30; Committee on the Rights of the Child, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), CRC/C/GC/15, 17 April 2013, para. 72; Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration, CMW/C/GC/3-CRC/C/GC/22, 16 November 2017, para. 9. United Nations Committee on Economic, Social and Cultural Rights, “General Comment No. 20: Non-discrimination in economic, social and cultural rights” (E/C.12/GC/20), para. 40; Committee on the Rights of the Child, General Comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6), CRC/GC/2003/5, 27 November 2003, para. 24. United Nations Committee on Economic, Social and Cultural Rights, “General Comment No. 20: Non-discrimination in economic, social and cultural rights” (E/C.12/GC/20), para. 39; Committee on the Rights of the Child, General Comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6), CRC/GC/2003/5, 27 November 2003, paras. 12 and 30.