Chapter 3 | Page 117
Declaration and the Millennium Declaration.78 The open-ended Working Group
to consider options regarding the elaboration of an optional protocol under the
ICESCR also proposed the establishment of a fund to assist States in the
implementation of recommendations and proposed remedies for violations of
ESC rights.79
In relation to specific ESC rights, the Committee identifies the role of
international assistance and co-operation as of utmost importance. For
example, in its General Comment on the right to adequate housing the
Committee noted that, in situations where a State finds the required steps are
beyond its capacity, particularly the maximum available resources, a request
for international co-operation must be made by the State requiring such
assistance.80 Similarly, in the area of monitoring the situation with respect to
housing, States are also required to take steps, ‘either alone or on the basis
of international cooperation’.81 On the right to food, States should ‘recognize
the essential role of international cooperation and comply with their
commitment to take joint and separate action to achieve the full realization of
the right to adequate food’82 and ‘should take steps to respect the enjoyment
of the right to food in other countries, to protect that right, to facilitate access
to food and to provide the necessary aid when required’.83 The Committee also
noted the importance of international assistance in the provision of disaster
78
Report of the Open-ended Working Group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its third session, E/CN.4/2006/47, above n 54, [78].
79
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its second session, E/CN.4/2005/52, above n 55, [105]; Report of the Open-ended
Working Group to consider options regarding the elaboration of an optional protocol to the
International Covenant on Economic, Social and Cultural Rights on its third session,
E/CN.4/2006/47, above n 54, [7].
80
Committee on Economic, Social and Cultural Rights, General Comment No 4: The Right
to Adequate Housing (Art.11 (1)) of the Covenant, 6th sess, UN Doc E/1992/23 (13
December 1991), [10].
81
Ibid., [13].
82
Committee on Economic, Social and Cultural Rights, General Comment No 12: The Right
to Adequate Food (art. 11), 20th sess, UN Doc E/C.12/1999/5 (12 May 1999), [36].
83
Ibid.
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