A/HRC/10/61
page 28
implement the treaties within their jurisdiction, but also to contribute, through international
cooperation, to global implementation.122 Developed States have a particular responsibility and
interest to assist the poorer developing States.123
86. The Committee on Economic, Social and Cultural Rights identifies four types of
extraterritorial obligations to promote and protect economic, social and cultural rights.
Accordingly, States have legal obligations to:
• Refrain from interfering with the enjoyment of human rights in other countries
• Take measures to prevent third parties (e.g. private companies) over which they hold
influence from interfering with the enjoyment of human rights in other countries
• Take steps through international assistance and cooperation, depending on the
availability of resources, to facilitate fulfilment of human rights in other countries,
including disaster relief, emergency assistance, and assistance to refugees and displaced
persons
• Ensure that human rights are given due attention in international agreements and that
such agreements do not adversely impact upon human rights124
87. Human rights standards and principles are consistent with and further emphasize “the
principle of common but differentiated responsibilities” contained in the United Nations
Framework Convention on Climate Change. According to this principle, developed country
Parties (annex I) commit to assisting developing country Parties (non-annex I) in meeting the
costs of adaptation to the adverse effects of climate change and to take full account of the
specific needs of least developed countries in funding and transfer of technology.125 The human
rights framework complements the Convention by underlining that “the human person is the
central subject of development”,126 and that international cooperation is not merely a matter of
the obligations of a State towards other States, but also of the obligations towards individuals.
122
See e.g. CRC, general comment No. 5, para. 7.
123
See CESCR general comment No. 3, para. 14.
124
See e.g. CESCR general comments No. 12 (1999) on the right to adequate food (art. 11);
No. 13 (1999) on the right to education (art. 13); No. 14 (2000) on the right to the highest
attainable standard of health (art. 12); and No. 15 (2002) on the right to water (arts. 11 and 12 of
the Covenant).
125
UNFCCC, art. 4, paras. 4 and 9.
126
Declaration on the Right to Development, art. 2, para. 1.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents