A/HRC/4/62
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investment, such as ensuring legal guarantees to a fair trial through the establishment of effective
justice systems. National and international experiences alike demonstrate the resource-intensive
nature of the endeavour. The establishment of international and hybrid criminal tribunals, for
instance, has proven extremely costly.2 Conversely, the High Commissioner for Human Rights
has emphasized that “[m]any aspects of economic, social and cultural rights are clearly as
immediately realizable as many civil and political rights. ‘Forced’ eviction (that is, eviction that
is arbitrary or does not respect minimum guarantees), for example, requires the same type of
immediate action and redress as does the prohibition of torture”.3
25.
The division of human rights into two separate groups of rights runs contrary to the
integral vision of human rights that is at the historical origins of human rights law, as indicated
in United States President Franklin D. Roosevelt’s articulation of the “four freedoms”4
indispensable for a just and secure world in a post-conflict setting, and further reflected in the
Universal Declaration of Human Rights. Today, the international community has moved away
from any strict categorization of rights to reaffirm repeatedly the indivisibility and
interdependence of all human rights. The Convention on the Rights of the Child and the new
Convention on the Rights of Persons with Disabilities provide clear illustrations of that
acknowledgement. Economic, social and cultural rights have now the status of binding law in
international and regional human rights treaties and in numerous constitutions.
26.
Accordingly, while implementation strategies may vary from right to right, there is no
basis for their categorical separation and for denying the full protection and realization of
economic, social and cultural rights. State obligations in this context include ensuring the legal
protection of these rights and providing remedies for their violation. These two aspects are of
particular relevance to conflict and post-conflict societies.
B. Economic, social and cultural rights in conflict
27.
The idea that economic, social and cultural rights are only programmatic or aspirational
objectives reinforces the misconception that these rights are not really susceptible to violations.
It can further result in reluctance to consider that violations of economic, social and cultural
rights may be as egregious as violations of the prohibition of torture or breaches of the right to
life. The Committee on Economic, Social and Cultural Rights expressed concern in this respect
in its often quoted report to the World Conference on Human Rights: “States and the
international community as a whole continue to tolerate all too often breaches of economic,
social and cultural rights which, if they occurred in relation to civil and political rights, would
provoke expressions of horror and outrage and would lead to concerted calls for immediate
remedial action” (A/CONF.157/PC/62/Add.5, para. 5).
2
High Commissioner for Human Rights, “Economic and social justice for societies in
transition”, ibid. See also the report of the Secretary-General on the rule of law and transitional
justice in conflict and post-conflict societies (S/2004/616), para. 42.
3
High Commissioner for Human Rights, ibid., having in mind CESCR general comment
No. 7 (1997).
4
These were: freedom of speech and expression, freedom of religious worship, freedom from
want, and freedom from fear. F.D. Roosevelt, State of the Union address, January 1941.
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