A/HRC/19/32
48.
The Government of Bolivia recommended a specific mention of the importance of
stakeholder participation in the formulation and implementation of public policies, under
heading E, including and especially in relation to commercial policy.
49.
The Special Rapporteur on the sale of children, child prostitution and child
pornography called for the explicit mention, also under heading E, of the right of children
living in extreme poverty to have access to information, to be able to freely express their
views, and to have their opinions taken into consideration according to their age and degree
of maturity.
50.
The Government of South Africa recalled the importance of ensuring full
justiciability of economic and social rights under heading G and, in the context of the South
African experience, it specifically mentioned effective litigation for land rights and in
relation to HIV/AIDS.
Analytic conclusions on the section
51.
As in the previous sections, there was broad consensus on the need to explicitly
integrate the draft guiding principles with other human rights mechanisms,11 including the
International Covenant on Economic, Social and Cultural Rights12 and its principle of
progressive realization and with the Convention on the Rights of the Child and its founding
principles.13 Furthermore, the importance of accountability of State institutions and civil
servants was highlighted,14 as well as the need to render the rights framework fully
justiciable in relation to conditions associated with the occurrence of extreme poverty. 15
The centrality of participation was pointed out,16 and the need to clearly expand the draft
guiding principles framework to non-State actors was stressed,17 as was the correlation with
the right to self-determination.18
Regarding part V, section 2: “Overarching policy guidelines”
G.
Questions: “Is the list of „overarching policy guidelines‟ in this section (headings H to K)
sufficiently comprehensive or should any other overarching policy guidelines be included in
the guiding principles?”
“Are there any important aspects or issues missing in the recommendations in bold
proposed under each of the overarching policy guidelines in this section of the report?”
52.
The Government of Canada highlighted the importance of distinguishing between
legal obligations and policy guidelines in the language of this section.
53.
The National Human Rights Commission of Jordan proposed to include reference
to „essential healthcare‟ under heading I. It also suggested that the monitoring role of
international bodies should be mentioned under headings H and K. In relation to heading J
11
12
13
14
15
16
17
18
12
See submission by the Government of Egypt.
See submission by Zdzislaw Kedzia, member of the Committee on Economic, Social, and Cultural
Rights.
See submission by Special Rapporteur on the sale of children, child prostitution and child.
pornography, Najat M‟jiid Maalla.
See submission by Eitan Felner, independent expert.
See submissions by the Governments of the Philippines and South Africa.
See submissions by the Governments of France and Bolivia.
See submission by the National Human Rights Commission of Jordan.
See submission by the Government of the Philippines.
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