E/C.12/GC/24
including by enforcing progressive taxation schemes. It may require seeking business
cooperation and support to implement the Covenant rights and comply with other human
rights standards and principles.
24.
This obligation also requires directing the efforts of business entities towards the
fulfilment of Covenant rights. In designing a framework on intellectual property rights, for
instance, that is consistent with the Universal Declaration of Human Rights and with the
right to enjoy the benefits of scientific progress stipulated in article 15 of the Covenant,
States parties should ensure that intellectual property rights do not lead to denial or
restriction of everyone’s access to essential medicines necessary for the enjoyment of the
right to health,61 or to productive resources such as seeds, access to which is crucial to the
right to food and to farmers’ rights.62 States parties should also recognize and protect the
right of indigenous peoples to control the intellectual property over their cultural heritage,
traditional knowledge and traditional cultural expressions. 63 In supporting research and
development for new products and services, States parties should aim at the fulfilment of
Covenant rights, for instance by supporting the development of universally designed goods,
services, equipment and facilities, to advance the inclusion of persons with disabilities.
C.
Extraterritorial obligations
25.
The past thirty years have witnessed a significant increase of activities of
transnational corporations, growing investment and trade flows between countries, and the
emergence of global supply chains. In addition, major development projects have
increasingly involved private investments, often in the form of public-private partnerships
between State agencies and foreign private investors. These developments give particular
significance to the question of extraterritorial human rights obligations of States.
26.
In its 2011 statement on the obligations of States parties regarding the corporate
sector and economic, social and cultural rights, the Committee reiterated that States parties’
obligations under the Covenant did not stop at their territorial borders. States parties were
required to take the steps necessary to prevent human rights violations abroad by
corporations domiciled in their territory and/or jurisdiction (whether they were incorporated
under their laws, or had their statutory seat, central administration or principal place of
business on the national territory), without infringing the sovereignty or diminishing the
obligations of the host States under the Covenant. 64 The Committee has also addressed
specific extraterritorial obligations of States parties concerning business activities in its
previous general comments relating to the right to water, 65 the right to work,66 the right to
social security,67 and the right to just and favourable conditions of work, 68 as well as in its
examination of States’ periodic reports.
27.
Such extraterritorial obligations of States under the Covenant follow from the fact
that the obligations of the Covenant are expressed without any restriction linked to territory
or jurisdiction. Although article 14 of the Covenant does refer to compulsory primary
education having to be provided by a State “in its metropolitan territory or other territories
under its jurisdiction”, such a reference is absent from the other provisions of the Covenant.
Moreover, article 2 (1) refers to international assistance and cooperation as a means of
fulfilling economic, social and cultural rights. It would be contradictory to such a reference
to allow a State to remain passive where an actor domiciled in its territory and/or under its
61
62
63
64
65
66
67
68
8
See also A/HRC/23/42, para. 3 (recognizing the obligation to provide essential medicines as an
immediate obligation for all States parties).
See A/64/170, paras. 5 and 7; and the International Treaty on Plant Genetic Resources for Food and
Agriculture (resolution 3/2001, adopted on 3 November 2001, FAO Conference, thirty-first session),
art. 9.
See the United Nations Declaration on the Rights of Indigenous Peoples, arts. 24 and 31; and the
Committee’s general comment No. 21, para. 37.
See E/C.12/2011/1, paras. 5 and 6.
See the Committee’s general comment No. 15, paras. 31 and 33.
See the Committee’s general comment No. 18, para. 52.
See the Committee’s general comment No. 19, para. 54.
See the Committee’s general comment No. 23, para. 70.