E/C.12/UKR/CO/6
(e)
The Council of Europe Convention on the counterfeiting of medical products
and similar crimes involving threats to public health (MEDICRIME Convention), on 20
August 2012;
(f)
The United Nations Educational, Scientific and Cultural Organization
(UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural
Expressions, on 10 March 2010.
4.
The Committee takes note with appreciation of the State party’s efforts to promote
economic, social and cultural rights, including:
(a)
The significant decline in the mother-to-child HIV transmission rate from
27.5 per cent in 2000 to 6.8 per cent in 2009;
(b)
The adoption of the National Strategic Action Plan for HIV prevention
among children and youth at risk of and vulnerable to HIV, care and support for children
and youth affected by HIV/AIDS, in May 2010;
(c)
The adoption of the Act on Social Dialogue in Ukraine, in December 2010;
(d)
The adoption of the Act on Combating Trafficking in Human Beings, in
October 2011, and of the State Targeted Social Programme on Combating Trafficking in
Human Beings for the period up to 2015, in March 2012.
C.
Principal subjects of concern and recommendations
Obligations of the State party under the Covenant in the context of the
economic crisis
5.
The Committee takes note of the State party’s current fragile political and economic
situation, which negatively impacts on the enjoyment of economic, social and cultural
rights. The Committee expresses its concern about the adverse impact that various measures
adopted in response to the economic crisis and in order to comply with the conditions for
provision of international financial assistance negotiated with the International Monetary
Fund have on the enjoyment by the population of their rights under the Covenant (art. 2,
para. 1).
The Committee reminds the State party of its obligation under the Covenant to
respect, protect and fulfil economic, social and cultural rights progressively, to the
maximum of its available resources. While acknowledging that certain adjustments
are at times inevitable, the Committee draws the State party’s attention to its open
letter on economic, social and cultural rights and austerity measures during the
economic and financial crisis, dated 16 May 2012, which outlines the requirements
that must be met by any proposed policy change or adjustment by States parties in
reaction to the economic crisis. The State party should also ensure that any measures
adopted with a view to stabilizing the current economic situation do not
disproportionately affect the most disadvantaged and marginalized individuals and
groups and do not lead to a lowering of the existing social protection standards below
the minimum core content. The State party should further ensure that its obligations
under the Covenant are duly taken into account when negotiating financial assistance
projects and programmes, including with international financial institutions such as
the International Monetary Fund.
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