A/HRC/19/75 A. Implementation of existing international norms 64. States should improve the protection of the rights of peasants and other people working in rural areas by implementing existing international norms at the domestic level, preferably through their recognition in national Constitutions. They should also adopt new laws to advance the protection of these rights, with the full participation of the most vulnerable and discriminated groups working in rural areas. In adopting these laws, States should follow the recommendation of the Committee on Economic, Social and Cultural Rights, which stated in paragraph 8 of its general comment No. 20 that the elimination of discrimination in practice requires paying sufficient attention to groups of individuals that suffer historical or persistent prejudice instead of merely comparing the formal treatment of individuals in similar situations. States parties must therefore immediately take the necessary measures to prevent, diminish and eliminate the conditions and attitudes that cause or perpetuate substantive or de facto discrimination. 65. In the event of human rights violations, victims could make better use of existing national, regional and international monitoring mechanisms, possibly with the support of national and international non-governmental organizations and national human rights institutions. Regional and national monitoring mechanisms have already proven to be very useful for the implementation of the rights of people working in rural areas. 64 New international instruments, such as the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly in December 2008, will offer new possibilities for access to justice at the international level. And the Human Rights Council should consider creating a new special procedure to improve the promotion and protection of the rights of peasants and other people working in rural areas. 66. Better use should also be made of soft-law instruments that improve the visibility of existing human rights norms protecting the rights of peasants and other people living in rural areas. In 2007, the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, and on the right to nondiscrimination in this context, developed a set of basic principles and guidelines on development-based evictions and displacement to fill in operational gaps in relation to forced evictions (A/HRC/4/18, annex I). The objective of the principles and guidelines was to offer a step-by-step approach that States could follow to ensure that the necessary displacements and evictions due to development are conducted in compliance with existing human rights law. In 2009, the Special Rapporteur on the right to food developed a set of core principles and measures to address the human rights challenge to set criteria to be followed by States and companies in order to respect existing human rights law when buying or leasing land in other countries (A/HRC/13/33/Add.2, annex). B. Addressing normative gaps under international human rights law 67. Existing international human rights instruments, even if they were better implemented, remain insufficient to protect fully the rights of peasants and other people working in rural areas. These groups have suffered historic and persistent discrimination in many countries around the globe, and the existing protection of their rights is insufficient to overcome this situation. It is therefore necessary to go beyond existing norms and address the normative gaps under international human rights law. 64 18 Christophe Golay, The Right to Food and Access to Justice: Examples at the national, regional and international levels (Rome, FAO, 2009).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents