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of Economic, Social and Cultural Rights highlight that "states must take
action, separately, and jointly through international cooperation, to
protect economic, social and cultural rights of persons within their
territories and extraterritorially. .,91
A state's obligation to protect is of
a positive nature and requires the state to adopt protective measures to
secure the observance of economic and social rights. States have to
undertake extraterritorial due diligence ensuring that they comply with
human rights obligations concerning food, water, housing, and a decent
standard of living, as well as, doing everything possible to avoid causing
harm. The obligation to protect is a substantive obligation and a primary
obligation relating to the conduct of third parties, such as rebel groups or
corporations. States are also obliged to ensure that private actors will not
violate economic and social rights outside their borders. Such reading is
supported by the general comments and concluding observations of state
reports of international human rights bodies. The UN Committee on
Economic, Social and Cultural Rights advises that "States Parties should
also take steps to prevent human rights contraventions abroad by
corporations which have their main seat under their jurisdiction, without
infringing the sovereignty or diminishing the obligations of the host
States under the Covenant., 92 The Committee further note that "States
Parties home to companies active abroad shall also encourage such
companies to assist, as appropriate, including in situations of armed
conflict and natural disaster, host States in building capacities needed to
address the corporate responsibility for the observance of economic,
social and cultural rights." 93 The same Committee observes concerning
the right to health that "States parties have to respect the enjoyment of
the right to health in other countries, and to prevent third parties from
violating the right in other countries." 94 Similarly, in relation to the right
to water, the Committee notes that "International cooperation requires
States parties to refrain from actions that interfere, directly or indirectly,
with the enjoyment of the right to water in other countries." 95 Further, the
UN Committee on the Rights of the Child emphasizes that "home States
also have obligations, arising under the Convention and the optional
Protocols thereto, to respect, protect and fulfil children's rights in the
context of businesses' extraterritorial activities and operations provided
that there is a reasonable link between the State and the conduct
concerned. A reasonable link exists when a business enterprise has its
91The MaastrichtPrincipleson ExtraterritorialObligations of States in the Area of Economic,
Social and CulturalRights, principle, 23 (2012) [hereinafter The Maastricht Principles] availableat
(further
http://www2.lse.ac.uk/humanRights/articlesAndTranscripts/201 1/MaastrichtEcoSoc.pdf
defining the obligation in Principles 24 to 27).
92 CESCR, Statement on the obligations of States Parties regarding the corporate sector and
economic, socialand culturalrights, E/C. 12/2011/120 May 2011.
93Id. at Para. 6.
94CESCR, General Comment No. 14: The Right to the Highest Attainable Standardof Health,
art. 12, E/C.12/2000/4 (Aug. 11, 2000).
95CESCR, General Comment No. 15: The Right to Water, arts. 11 and 12, E/C.12/2002/11
(Jan. 20, 2003); See also CESCR, General Comment 19: The Right to Social Security, art. 9
E/C. 12/GC/19 (Feb. 4, 2008).