The issue was reopened in recent years, when the Optional Protocol to the Covenant was negotiated.
During those negotiations, some industrialized countries accepted moral responsibilities of
international cooperation, but argued that the Covenant does not impose legally binding obligations
in regard to economic, social and cultural rights internationally (United Nations Commission on
Human Rights 2006: paras. 78 and 82). However, that interpretation was far from unanimous among
States: although there are disagreements as to the scope of the duty and its precise implications,
there is today broad agreement that the Covenant imposes at least some extraterritorial obligations
in the area of economic, social and cultural rights. This is reflected in international declarations
adopted without a vote, such as the resolutions of the United Nations General Assembly on the right
to food, which indicate that the right to adequate food requires “... the adoption of appropriate
environmental and social policies, at both the national and international levels, oriented to the
eradication of poverty and the fulfillment of human rights for all”, and which provide that “... all
States should make all efforts to ensure that their international policies of a political and economic
nature, including international trade agreements, do not have a negative impact on the right to food
in other countries.” (United Nations General Assembly 2009: paras. 20 and 32). Moreover,
reaffirmations over many decades to cooperate internationally in advancing economic, social and
cultural rights, including as expressed in Millenium Development Goal 8 to develop partnerships for
development to realize the MDGs, lend strength to the legal commitment to internationalize
responsibility in this area.
Yet, even the most progressive readings of the existing treaties fall short of asserting that there exists
a duty, grounded in the idea of international assistance and cooperation, to provide certain levels of
support to developing countries. The Committee on Economic, Social and Cultural Rights itself,
though it has repeatedly affirmed that international assistance and cooperation for the realization of
economic, social and cultural rights is ‘particularly incumbent on those States in a position to assist’
(CESCR 1990: para. 14; CESCR 2000: para. 45; CESCR 2006: para. 37), as well as ‘other actors in a
position to assist’ (CESCR 2000: para. 45; CESCR 2001: para. 16), and though it systematically refers
States to their commitment to dedicate 0.7 per cent of their GDP to official development assistance,
has refrained from describing this duty as sufficiently "perfect" to potentially give rise to enforceable
claims against the donor States. This, we may note, led the experts having set out the 2011
Maastricht Principles on the extraterritorial obligations of States in the area of economic, social and
cultural rights referred to above, to include the principle according to which "States should
coordinate with each other, including in the allocation of responsibilities, in order to cooperate
effectively in the universal fulfilment of economic, social and cultural rights". This Principle ‐‐
Principle 30 ‐‐ recognizes that the implementation of the duty of international assistance and
cooperation requires further specification, as the respective responsibilities of States in a position to
support the realization of economic and social rights in developing countries should be better
delineated: this is both reminiscent of what was described above as the "paradox of many hands",
and a variation on the theme of "development compacts", i.e., on the need to contractualize
obligations to assist development efforts where such obligations are still insufficiently defined.
2. Human rights and development
In Chapter 23, Paul Gready explores the notion of a human rights‐based approach to development.
Formerly with Amnesty International and a specialist of human rights and development in the African
context, Gready has moved to become the Director of the Centre for Applied Human Rights at the
University of York in the United Kingdom. The importance of his attempt in Chapter 23 and in other
publications on the same topic (see Gready and Ensor 2005; Gready 2009) stems from the fact that it
seeks to demonstrate that human rights are not simply an add‐on to development cooperation
policies, nor are they of purely symbolic value: they are operational tools that can improve the
effectiveness and the legitimacy of these policies.
36
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
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