A/HRC/33/40 34. Article 9 concerns the right to social security. The relocation of jobs to countries that have poor or no social security legislation counters the commitment to progressively achieve that right. The Committee’s general comment No. 19 (2007) on the right to social security states that agreements concerning trade liberalization should not restrict a State party’s capacity to ensure the full realization of the right to social security. 35. Article 10 concerns the protection of the family and requires States parties to accord the family, as the natural and fundamental group unit of society, the widest possible protection and assistance. Moreover States parties should provide mothers with paid leave before and after childbirth, and protect children from economic and social exploitation. 36. Article 11 concerns the right to an adequate standard of living, including adequate food, clothing and housing. In developing countries, food security is of crucial importance. Threats of investor-State dispute settlement litigation from developed countries’ subsidized agro-industry have prevented developing countries from adopting agricultural policies to ensure food security.35 Investor-State dispute settlement awards and potential investment court system judgments deprive Governments of funds essential to meet their health, housing and education obligations. 37. Article 12 concerns the right to the highest attainable standard of physical and mental health. The so-called “evergreening” of patents by the pharmaceutical industry reduces access to generic medicines.36 The deliberate withholding of life-saving medicines entails a violation of the right to life. 38. Article 13 concerns the right to education. Privatizing education aggravates the already unbalanced playing field, making it more difficult for poor families to help their children overcome poverty. 39. Article 15 concerns the right to one’s own culture. That includes one’s own language and its use in film, television and music. A population will lose its identity when flooded by cheap foreign films and television. Governments have an obligation to preserve their populations’ cultures as world heritage in accordance with the aim of the United Nations Educational, Scientific and Cultural Organization to promote diversity and oppose cultural imperialism. 40. Article 25 is crucial for indigenous and non-self-governing peoples, in addition to article 1 on self-determination. Article 25 reaffirms that nothing in the Covenant should be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. The logging, oil, gas and mining industries loot indigenous resources. 41. The regional human rights protection systems, the Convention for the Protection of Human Rights and Fundamental Freedoms (arts. 5, 6, 8 to 11, 13 and 14), the European Social Charter, the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights establish binding obligations that require proactive measures of implementation and affirmative action to counteract engrained inequalities and the sequels of colonialism and discrimination. 42. Although the human rights dimension of trade is obvious, investors and corporations think that they can continue working in a human-rights-free zone. Facts fall into the category of “facts without consequences” because the neo-liberal bulldozer rolls on, ignoring the interests of billions of human beings who are subjected to exploitation and habitat-devastation. 35 36 GE.16-11938 Guiding principles on human rights impact assessments of trade and investment agreements. A/69/299. 9