A/HRC/36/58 International human rights law provides protection for groups in vulnerable situations, such as children, women, indigenous peoples and persons with disabilities. Peasants are in a particularly vulnerable situation. The formulation in the text referring to “or” and not “and” provides for different possibilities. Migrant and seasonal workers The intention of the draft declaration is that aspirations should prevail over local legislation. As regards “legal status”, those without legal status are particularly vulnerable. For example, people living slums without legal status on the land or the dwelling should still have right to water and sanitation. Enjoyment of rights is not linked to legal status of ownership. Article 2 Obligations of States Article 2, in its entirety, is based on existing law. The draft declaration, therefore, does not necessarily represent voluntary commitments only. Rather, it provides guidelines on the implementation of existing obligations that States for the specific case of peasants and other people working in rural areas. The typology of obligations features in many documents used by States. The progressive approach does not apply to obligations that are of immediate nature, such as the obligation not to evict. Extra-territorial obligations The recognition of human rights by the States in the UN Charter and the UDHR arose from the context of the Second World War where, as it is known, some States had impact outside their territories. Across the jurisprudence that is available nowadays, it is understood that extra-territorial obligations are applied within the scope States’ jurisdiction, which is where they exercise control. This includes situations of occupation or protectorate as well as decisions that they are making within their territory that have an impact outside the territory which is foreseeable. It is also the case where States have such strong influence beyond the territory that they might have the ability to garner respect and ensure protection and implementation of human rights. This understanding of extraterritorial obligations is strongly supported in existing jurisprudence, in the practice of UN bodies, and in documents adopted by the Human Rights Council, such as the Guiding Principles on extreme poverty and human rights and the set of core principles and measures to address the human rights challenge in large-scale land acquisitions and leases. Extraterritorial obligations should be applied in a way that does not affect the sovereignty of States. Free, prior and informed consent “Free, prior and informed consent” is well established in international law and its implementation is confirmed through the jurisprudence of human rights treaty bodies as well as that of regional bodies. Consultations should be held in line with its objectives and the rights of minorities. It is a key element of people’s right to participate in decisions that affect their lives, lands and livelihoods. Trends in international law and jurisprudence indicate that free, prior and informed consent applies to other groups beyond indigenous peoples as well. In the Rio Declaration of 1992, free, prior and informed consent applies to indigenous peoples and local communities. Its practical application needs to be understood in a democratic framework. The “freedom” aspect of the principle is an important safeguard against coercion. As evidences show, consultation and cooperation in good faith offer protection against abuse of power and avert conflict. 77