Chapter 3 | Page 118
relief and humanitarian assistance in times of emergency, and urged all States
to ‘contribute to this task in accordance with its ability’.84
On the right to water, the Committee specified that all States and other actors
in a position to assist are required to provide international assistance and cooperation, especially economic and technical.85 In some instances, the
Committee has also identified to States, based on their reports, areas that
require international assistance.86
In relation to the right to the highest attainable standard of health, the
Committee noted that ‘it is particularly incumbent on States parties and other
actors in a position to assist,87 to provide international assistance and cooperation, especially economic and technical. In relation to the right to
education, it is stated that ‘international assistance and co-operation’ as well
as ‘international action’ can be invoked in cases where the State lacks
resources to fulfil this right. It is also noted that: ‘Where a State party is clearly
lacking in the financial resources and/or expertise required to “work out and
adopt” a detailed plan, the international community has a clear obligation to
assist.’88 With regard to cultural rights under Article 15, there is specific
recognition in the Covenant that benefit should be ‘derived from the
encouragement and development of international contacts and co-operation
in the scientific and cultural fields.’89 These recommendations by the
Committee indicate that developing States have an obligation to ‘seek
84
Ibid., [38].
85
Committee on Economic, Social and Cultural Rights, General Comment No 15: The Right
to Water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural
Rights), 29th sess, UN Doc E/C.12/2002/11 (20 January 2003), [38].
86
Carmona, above n 75.
87
Committee on Economic, Social and Cultural Rights, General Comment No 14: The Right
to the Highest Attainable Standard of Health (article 12 of the International Covenant on
Economic, Social and Cultural Rights), 22nd sess, UN Doc E/C.12/2000/4 (11 August
2000), [45]; CESCR General Comment No 3, E/1991/23, above n 3, [14].
88
Committee on Economic, Social and Cultural Rights, General Comment No 11: Plans of
action for primary education (article 14 of the International Covenant on Economic, Social
and Cultural Rights), 20th sess, UN Doc E/C.12/1999/4 (10 May 1999), [9].
89
International Covenant on Economic, Social and Cultural Rights, opened for signature 16
December 1966, 993 UNTS 3 (entered into force 3 January 1976), art 15(14) ('ICESCR').
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