A/72/171 to capture most, if not all, of the types of action taken by States and the international community that could be viewed as expre ssing international solidarity. 3. Right to international solidarity 25. The Independent Expert has taken care to clearly and meaningfully define the right to international solidarity, mindful of the comments received and of established international law. Responding to the suggestions made, the Independent Expert simplified the articles articulating the holders and duty bearers of the right and clarified the definition of the non-State actors who, in addition to States, are identified as duty bearers of the right. 26. Echoing a conversation that arose during the regional consultations, the expert group also debated whether the right to international solidarity should be classified as a justiciable right. While some experts struggled to imagine a context in which rights holders might be able to claim the right before a court of law, another suggested that the right, for example, might provide a cause of action for a civil society organization that was being targeted by a State for receiving funding from foreign sources, and yet another proposed that it might be mobilized for the protection of those who were being prosecuted for providing aid to migrants. 4. Implementation of the right to international solidarity 27. On the basis of the recommendations, the Independent Expert aligned the implementation portion of the draft declaration with that of other international declarations by simplifying and generalizing the positive obligations contained in the right to international solidarity and by eliminating the list of negative obligations, many of which were mirrored in the positive obligations already provided. 28. The expert group gave careful consideration to the particular global issues and challenges that should be enumerated in the implementation articles, recognizing that, while certain issues should be highlighted, it was important to make it clear that the implementation of the right was not limited only to those particular areas. The Independent Expert emphasized that the selection of issues highlighted reflected the priorities of prior consultations, as well as the need to illustrate linkages between issues that were often overlooked in the discourse. 5. Presentation to the Human Rights Council 29. On 6 June 2017, the Independent Expert presented her report, including the draft declaration, to the Human Rights Council. 30. The States that responded to the presentation overwhelmingly welcomed her work, and many spoke of the value of the draft declaration as a powerful tool for addressing global challenges. 31. Some States expressed some scepticism regarding the draft declaration, however. They suggested that, while they respected the principle of international solidarity, they were uncertain as to whether it could be understood as rising to the level of a human rights standard. 32. In response, the Independent Expert emphasized that human rights standards were not static concepts, but that they evolved over time, as a result of the practices and understandings of States, peoples and individuals. 6/13 17-12217

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