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However, the problem with such argument is that a number of OECD
countries, for example Spain, are facing difficulties to provide
socioeconomic rights to their own citizens due to current crisis. What is
more, the phrase, "belonging to the donor community" is quite vague.
Therefore, the situation of each traditional donor country must be
examined before the obligation is imposed." The better criteria would be
standard of living or its decline in past years or even the rate of economic
growth and decline. However, it is hard to argue, even though Salomon
does,7 8 that the obligation to assist and cooperate exists even outside the
group of industrialized states. Nonetheless, the latter provision could also
be interpreted as saying that the international community has the
obligation to provide at least minimal and reasonable respect for
economic and social rights.
B. State Obligations Beyond Their Borders to Respect, Protect, and
Fulfill Human Rights
This section analyses a tripartite typology of human rights
obligations under economic and social rights. The tripartite obligations to
respect, protect, and fulfil economic and social human rights apply
universally to all rights and entail a combination of negative and positive
duties. 79 This tripartite typology of human rights obligations refers, under
traditional human rights doctrines, to state obligations. 80 However, the
fact that the state is the bearer of human rights obligations does not imply
77 ld.
78Margot E. Salomon, The Maastricht Principles on Extraterritorial Obligations in the Area of
Economic, Social and Cultural Rights: An Overview of Positive 'Obligations to Fulfil', EJIL Talk,
16,
2012),
http://www.ej iltalk.org/the-maastricht-principles-on-extraterritorial(November
obligations-of-states-in-the-area-of-economic-social-and-cultural-rights-and-its-commentary-anoverview-of-positive-obligations-to-fulfil/.
79 See generally Dinah Shelton, Decision Regarding Communication 155/96 (Social and
Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria), 44 The
AM J. INT'L L. INT'L L., ACHPR/COMM/AO44/I (2002) (reporting that the Commission interpreted
the African Charter for Human and Peoples' Rights and developed a four-fold typology of human
rights obligations in the case of Social and Economic Rights Action Centre and the Centre for
Economic and Social Rights v. Nigeria). The Commission held that "internationally accepted ideas
of the various obligations engendered by human rights indicate that all rights - both civil and
political rights and social and economic - generate at least four levels of duties for a State that
undertakes to adhere to a rights regime, namely the duty to respect, protect, promote, and fulfill these
rights."
80See International Commission of Jurists [ICJ], Maastricht Guidelines on Violations of
available at
1997),
Rights, at 6 (Jan. 26
and Cultural
Economic, Social
http://www.uu.ni/faculty/eg/NL organisatie/departementen/departementrechtsgeleerdheid/organisati
e/onderdelen/studieeninformatiecentrummensenrechtenpublicaties/simspecials/20/Documents/2001.pdf accessed 30 March 2013 (requiring states responsible for violating international legal
obligations to establish mechanisms for investigating, prosecuting, and correcting such violations);
U.N. Comm. on Econ., Soc. and Cultural Rights, General Comment No. 12: The Right to Adequate
Food (Art. 1I), para. 15 (12 May 1999) (explaining that the obligation to "respect" imposes on states
a duty not to take any measures that in any way deprive protected parties of the right concerned);
HENRY SHUE, BASIC RIGHTS: SUBSISTENCE, AFFLUENCE, AND U.S. FOREIGN POLICY (Princeton,
Princeton University Press, 1980) (observing the tripartite typology of duties to include (1) duties to
avoid the deprivation of the right concerned, (2) duties to protect rights holders from deprivation,
and (3) duties to aid rights holders who have been deprived).