Chapter 3 | Page 116
resources’ creates an ‘entitlement’ to ‘receive resources offered by the
international community’72 and noted that:
in the absence of an active programme of international assistance and
cooperation on the part of all those States that are in a position to undertake
one, the full realisation of economic, social and cultural rights will remain an
unfulfilled aspiration in many countries.73
Despite its significance, however, international assistance and co-operation is
not understood as an automatic right for States but rather as a supplementary
means of supporting the efforts of individual States. To date, the Committee
has not clarified whether wealthy States have an obligation under the
Covenant to assist poor States.74 Based on the work of the Committee so far
on the question of seeking development assistance and co-operation for the
realisation of ESC rights, it can be argued that poorer States have a duty to
‘actively seek’ international assistance, in line with the Article 2(1)
requirement.75 States in need of international assistance can request this from
wealthier States, UN agencies, inter-governmental and non-governmental
organisations.76 In this context, some argue that if a corresponding duty to
assist does not exist, then the duty to seek assistance would not make any
sense.77
During the drafting of the Optional Protocol, the nature of international cooperation was identified as not being limited to development aid, and it was
noted that the obligations under the Covenant should be considered in the light
of the various political declarations and commitments, including the Monterrey
72
An evaluation of the Obligation to take steps to the "Maximum Available Resources" under
an Optional Protocol to the Covenant, E/C.12/2007/1, above n 4, [5].
73
CESCR General Comment No 3, E/1991/23, above n 3, [14].
74
Fons Coomans, 'The Extraterritorial Scope of the International Covenant on Economic,
Social and Cultural Rights in the Work of the United Nations Committee on Economic,
Social and Cultural Rights' (2011) 11(1) Human Rights Law Review 1-35, 9, 26.
75
María Magdalena Sepúlveda Carmona, 'The obligations of ‘international assistance and
cooperation’ under the International Covenant on Economic, Social and Cultural Rights. A
possible entry point to a human rights based approach to Millennium Development Goal 8'
(2009) 13(1) The International Journal of Human Rights 86-109, 94-95.
76
Ibid.
77
Gondek, above n 56, 354.
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