A/HRC/9/10
page 7
13. The Committee on Economic, Social and Cultural Rights and the Committee on the Rights
of the Child have required all States parties to report on all obstacles to the achievement of
rights, and the identification of specific obstacles that can impede their full achievement has been
an important element of the Committees’ analytical and fact-finding framework. In its
consideration of reports of States parties, the Committees have highlighted the importance of
specific obstacles - including resource constraints, significant foreign debt, economic transition,
and structural adjustment that can restrict progress in achieving the full realization of economic,
social and cultural rights.
14. Recent international human rights conventions such as the Convention on the Rights of
Persons with Disabilities include a stand-alone article on international cooperation which shows
the evolution of the obligation in human rights instruments and underscores its importance.
References to international cooperation can be found in articles 2 and of the Disability
Convention, the latter provision emphasizing inclusion of and accessibility to persons with
disabilities.
International cooperation: potential application of the “tripartite typology” of respect,
protect and fulfil
15. In the present report, the independent expert would like to explore the potential application
of the “tripartite typology” of respect, protect and fulfil to the area of international cooperation.
Given the broad mandate of international solidarity, it is also crucial to identify and differentiate
the responsibilities that can be assigned to States, international organizations and non-State
actors in reference to international assistance and cooperation; however this will not be studied
in depth in this report.
16. In response to the classification of civil and political rights as merely entailing negative
obligations and economic, social and cultural rights as entailing positive obligations, typologies
of rights were elaborated that countered this binary proposition. The Draft Articles on State
Responsibility elaborated by the International Law Commission (ILC) clearly establish that
international obligations can be breached by both acts of omission and acts of commission.3
There is by now a significant body of authoritative standards that clearly establish that all
human rights - civil, political, economic, social, and cultural - can give rise to both negative and
positive obligations. The three essential aspects of international obligation in relation to all
human rights are the obligations to respect, protect and fulfil.
17. The obligation to respect concerns a lack of interference with the enjoyment of all human
rights, including the freedom from forced evictions and the right to satisfy basic needs. The
obligation to protect implies that States are under a positive obligation to ensure the protection of
individuals from violations by third parties. The obligation to fulfil means that States are under a
positive obligation to take measures effectively to secure the full realization of human rights.
3
Draft articles on the Responsibility of States for Internationally Wrongful Acts, Report of the
International Law Commission on the Work of its Fifty-third Session, A/56/10.
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