A/HRC/4/37
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5.
Relevant general comments of the Committee on Economic, Social and
Cultural Rights
31.
In its general comments, the Committee on Economic, Social and Cultural Rights
(CESCR) has elaborated on the precise nature of States parties’ obligations under the Covenant.
For instance, the first two paragraphs of general comment No. 3 (1990) make it clear that while
States’ obligations are recognized as being subject to available resources, article 2.1 imposes
immediate obligations, which include undertaking to guarantee ESCR without discrimination of
any kind and to take positive steps towards the realization of all ESCR.
32.
Similarly, general comment No. 9 (1998) on “The domestic application of the Covenant”
recognizes in its first paragraph that the Covenant adopts a broad and flexible approach in the
fulfilment of States’ obligations which enables the particularities of the legal and administrative
systems of each State, as well as other relevant considerations to be taken into account. The
CESCR, however, emphasizes in the following paragraph that “this flexibility coexists with the
obligation upon each State party to use all the means at its disposal to give effect to the rights
recognized in the Covenant”.
33.
In light of these general comments, defenders who work for the implementation of ESCR
should be seen as a force in inducing States parties to take positive steps towards ratifying and
implementing the Covenant and the rights it recognizes.
34.
Additionally, general comment No. 3 (1990) on “The nature of States parties’
obligations” emphasizes in the concluding paragraph that “international cooperation for
development and thus for the realization of economic, social and cultural rights is an obligation
of all States”. This relates both to the work of defenders in “developed countries” as well as
those working in “developing” countries. Both use their advocacy to insist on modes of
cooperation that assure availability of resources and their proper utilization for development that
is conducive to realizing the ESCR.
35.
The CESCR, in general comment No. 10 (1998) on “The role of national human rights
institutions in the protection of economic, social and cultural rights”, notes, in paragraph 3, that
“it is essential that full attention be given to economic, social and cultural rights in all of the
relevant activities of these institutions”. The Committee goes on to suggest a list of activities
that can be undertaken, such as: “(c) providing technical advice, or undertaking surveys in
relation to economic, social and cultural rights, including at the request of the public authorities
or other appropriate agencies” and “(f) monitoring compliance with specific rights recognized
under the Covenant and providing reports thereon to the public authorities and civil society
[…]”.
B. Human rights defenders and their work on economic, social and
cultural rights
36.
The Special Representative, since the establishment of the mandate, has sent at
least 368 communications to Governments concerning defenders promoting ESCR. Defenders
and their families have been threatened verbally, in writing and through the use of symbolic acts,
such as deliveries of funeral wreaths to their families. Defenders have been attacked in
demonstrations, meetings, and other kinds of assemblies. Both defenders and members of their
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