A/HRC/19/42
various obligations which are of immediate effect.”19 Thus, the Committee held that “while
the full realization of the relevant rights may be achieved progressively, steps towards that
goal must be taken within a reasonably short time after the Covenant's entry into force for
the States concerned. Such steps should be deliberate, concrete and targeted as clearly as
possible towards meeting the obligations recognized in the Covenant”. 20 Thus, the
progressive realization of economic, social, and cultural rights “should not be
misinterpreted as depriving the obligation of all meaningful content”. 21
21.
In addition, the Committee stressed that article 2, paragraph 1, of the International
Covenant on Economic, Social, and Cultural Rights “must be read in the light of the overall
objective, indeed the raison d'être, of the Covenant which is to establish clear obligations
for States parties in respect of the full realization of the rights in question, … it thus
imposes an obligation to move as expeditiously and effectively as possible towards that
goal [and that] any deliberately retrogressive measures in that regard would require the
most careful consideration and would need to be fully justified by reference to the totality
of the rights provided for in the Covenant and in the context of the full use of the maximum
available resources”.22 For this reason it is understood that States have a minimum core
obligation to ensure the satisfaction of, at the very least, minimum essential levels of every
right, and that “in order for a State party to be able to attribute its failure to meet at least its
minimum core obligations to a lack of available resources it must demonstrate that every
effort has been made to use all resources that are at its disposition in an effort to satisfy, as
a matter of priority, those minimum obligations”.23
22.
That corruption impedes States from complying with their human rights obligations
has been increasingly emphasized.24 It is believed that diversion of available resources due
to corruption impacts the obligation to take steps, to the maximum of available resources, to
progressively achieve the full realization of economic, social, and cultural rights. 25 Rights
violation due to corruption-related diversion of funds is particularly apparent when States
cannot fulfil their minimum core obligations regarding each right.
23.
In this context, under certain conditions a successful procedure of asset repatriation
might remedy the State’s corruption-related failure to complying with human rights
obligations. Being a component of any anti-corruption strategy, the asset-recovery process
should be understood in light of the human rights framework, as part of the several efforts
that States must make in order to comply with their human rights obligations.
24.
These obligations apply to both countries of origin and recipient countries of funds
of illicit origin due to the principle of international cooperation and assistance towards the
realization of human rights, particularly economic, social, and cultural rights. 26 According
19
20
21
22
23
24
25
26
Committee on Economic, Social, and Cultural Rights, General Comment No. 3, para. 1.
Idem., para. 2.
Idem., para. 9.
Ibid.
Idem., para. 10.
CRC/C/COG/CO/1, para. 14; E/CN.4/2006/52/Add.4, paras. 80, 96; E/CN.4/2006/48, para. 44;
E/CN.4/2001/53, paras. 69 and 75; CESCR E/C.12/1/ADD.91, 2003, para. 12. OHCHR organized
two conferences linking anti-corruption work with human rights protection (Seminar on Good
Governance Practices for the Promotion and Protection of Human Rights, 2004, Seoul; UN
Conference on Anti-Corruption Measures, Good Governance and Human Rights, 2006, Warsaw).
Moreover, Human Rights Council resolution 11/7 recognized effective anti-corruption measures and
human rights protection as mutually reinforcing.
CRC/C/15/Add.124, paras. 18 and 19.
Charter of the United Nations, Arts. 55 and 56; International Covenant on Economic, Social, and
Cultural Rights, art. 2, para. 1; Limburg Principles on the Implementation of the International
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