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derives from practice of international human rights bodies. The
Committee on the Rights of the Child noted that "when States ratify the
Convention, they take upon themselves obligations not only to
implement it within their jurisdiction, but also to contribute, through
international cooperation, to global implementation." 84 The next
subsections explore the emerging extraterritorial obligations to respect,
protect and fulfill the reasonable minimum core of economic and social
rights.
States' obligations to respect the reasonable minimum core of
economic and social rights is a negative right and thereby obliges states
to refrain from interfering in the enjoyment of individuals' economic and
social rights both within and outside its territorial borders. 85 The
extraterritorial obligation to respect suggests that states must undertake
due diligence ensuring not only that they comply with human rights
obligations concerning the reasonable minimum core economic and
social rights, but that they additionally do everything possible to avoid
causing harm to them. The United Nations Millennium Declaration
recognizes that "we have a collective responsibility to uphold the
principles of human dignity, equality and equity at the global level. As
leaders we therefore have . . . a duty to all the world's people, especially
86
the most vulnerable and, in particular, the children of the world.,
Several international treaties and documents support extraterritorial
obligations of states to respect economic and social rights. 87 For instance,
the Convention on the Rights of Persons with Disabilities affirms, "the
importance of international cooperation for improving the living
conditions of persons with disabilities in every country, particularly in
developing countries., 88 Cooperatively, state parties commit that they,
"will undertake appropriate and effective measures in this regard,
between and among States and, as appropriate, in partnership with
relevant international and regional organizations and civil society, in
particular organizations of persons with disabilities." 89 The measures that
states can adopt to ensure respect for the reasonable minimum core of
economic and social rights include: acknowledging them in external
policies, constantly and consistently examining human rights situations
where economic and social rights are at stake, effectively monitoring
policies that protect economic and social rights, and implementing an
84 Comm. on the Rights of the Child, General Comment No. 5, General measures of
implementation of the Convention on the Rights of the Child, U.N. Doc. CRC/GC/2003/5 (2003).
85See Int'l Human Rights Instruments, Compilation of General Comments and General
Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/I/Rev.I (12 May
1994).
86 United Nations Millennium Declaration, G.A. Res. 55/2, U.N. GAOR, 55th Sess., U.N.
Doc. A/RES/55/2 (2000), 2.
87See Optional Protocol to the Convention on the Rights of the Child in Armed Conflict and on
the Sale of Children, Child Prostitution and Child Pornography, G.A. Res. 54/263, U.N. GAOR,
44th Sess., annex II art. 10, U.N. Doc. A/54/49 (2000); Id. Annex I, art. 10.
88Intemational Convention on the Protection and Promotion of the Rights and Dignity of
Persons with Disabilities, G.A. Res. 61/106, Annex 1,U.N. GAOR, 61st Sess., Supp. No. 49, at 65,
U.N. Doe. A/61/49 (2006), entered intoforce 3 May 2008, Preamble (I).
89Id. at Article 32.