A/HRC/12/27
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various nations as a subsidiary means for the determination of rules of law. The principle of
solidarity could be regarded as a general principle of law, evidenced by hard and soft laws, and
supported by policies and practices; in certain areas, it could be regarded as customary law in the
making. It is encompassed in treaty provisions to a limited extent. A broad, purposive approach
to the interpretation of sources and an approach to international law as a normative system or
process, rather than as rules, is also helpful. “If law as rules requires the application of outdated
and inappropriate norms, then law as process encourages interpretation and choice that is more
compatible with values we seek to promote and objectives we seek to achieve.”4
17. An elaboration on specific obligations is found in the general comments of the Committee
on the Rights of the Child and the Committee on Economic, Social and Cultural Rights. In its
general comment No. 5, the Committee on the Rights of the Child outlined States parties’
obligations to develop general measures of implementation.5 According to article 4 of the
Convention on the Rights of the Child, States parties should take “all appropriate legislative,
administrative and other measures for the implementation of the rights recognized in the
Convention”. With regard to economic, social and cultural rights, States parties should take such
measures “to the maximum extent of their available resources and, where needed, within the
framework of international cooperation”. Since lack of resources can hamper the full
implementation of economic, social and cultural rights, the article encompasses the notion of
progressive realization of such rights; States must demonstrate that they have implemented rights
to the maximum extent of their available resources and, where necessary, have sought
international cooperation. When States ratify the Convention, they agree to obligations not only
to implement within their jurisdiction, but also to contribute, though international cooperation, to
global implementation. The wording is similar to that found in the International Covenant on
Economic, Social and Cultural Rights, as is the interpretation: even where resources are limited,
the obligation remains for the State party to strive to ensure the widest possible enjoyment of the
rights.
18. In its resolution 8/5 on the promotion of a democratic and equitable international order, the
Human Rights Council requested the human rights treaty bodies, OHCHR and the mechanisms
of the Council and the Advisory Committee to pay due attention, within their respective
mandates, to that resolution and to make a contribution to its implementation. Therein, the
Council affirmed that people had the right to a democratic and equitable international order,
which requires, inter alia, the right of every human person and all peoples to development as a
universal and inalienable right and an integral part of fundamental human rights, as mentioned in
paragraph 3 (c) of the resolution. In paragraph 3 (f), the Council also referred to international
solidarity, as a right of peoples and individuals, which is a component of the right to a
democratic and equitable international order.
4
R. Higgins, Problems and Process: International Law and How We Use It, Oxford University
Press, Oxford, 1994.
5
CRC/GC/2003/5.
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