A/HRC/4/62 page 9 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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