A/HRC/11/10
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submit comments on these reports. Article 22 provides that the United Nations Economic and
Social Council may furnish the specialized agencies with such information from the State reports
as may assist them to decide on international measures likely to contribute to the implementation
of the Covenant.42
74. In its general comment No. 2 on article 22 of the International Covenant on Economic,
Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights has
indicated that the provision “should be interpreted so as to include virtually all United Nations
organs and agencies involved in any aspect of international development cooperation”, including
agencies such as the World Bank and the IMF (see paragraph 2). Stressing the indivisibility and
interdependence of all human rights, the Committee has further urged that the United Nations
agencies involved in the promotion of economic, social and cultural rights should do their utmost
to ensure that their activities are fully consistent with the enjoyment of civil and political rights.
Thus, international agencies “should scrupulously avoid involvement in projects” that infringe
human rights, and they should promote projects and approaches which contribute not only to
economic growth and other defined objectives, but also to enhanced enjoyment of all human
rights (see paragraph 6). In a similar vein, the Committee on the Rights of the Child has stated
that the World Bank Group, the IMF and the World Trade Organization should ensure that their
activities related to international cooperation and economic development promote the full
implementation of the Convention on the Rights of the Child.43
75. It is important to note that both the World Bank and the IMF are established by
Governments that constitute their decision-making bodies. These Governments have undertaken
various human rights obligations that cannot be neglected or ignored simply by operating
through the medium of an organization. Thus, for example, the European Court of Human Rights
has held that the human rights obligations of Member States continue even after the transfer of
competences to international organizations.44
42
See also article 40 of the Covenant on Civil and Political Rights, which states that “[t]he
Secretary-General of the United Nations may, after consultation with the Committee, transmit to
the specialized agencies concerned copies of such parts of the reports as may fall within their
field of competence”.
43
Convention on the Rights of the Child general comment No. 5 (2003), para. 64
(CRC/GC/2003/5).
44
See Mathews v. United Kingdom, ECtHR Application No. 24833/94, Grand Chamber
judgment of 18 February 1999, paras. 29, 32 and 34; Waite and Kennedy v. Germany, ECtHR
Application No. 26083/94, Grand Chamber judgment of 18 February 1999, para. 67; Bosphorus
Airways v. Ireland, ECtHR Application No. 45036/98, Grand Chamber judgment of
30 June 2005, paras. 152-156; see also para. 19 of the Maastricht Guidelines on Violations of
Economic, Social and Cultural Rights, which states that “[t]he obligations of States to protect
economic, social and cultural rights extend to their participation in international organizations,
where they act collectively”.
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