Chapter 3 | Page 105
human rights, particularly ESC rights for much of the world’s population.
Changes in the manner and scope of interactions between States in a
globalised world have transformed the conditions in which these rights can be
realised.
The fact that the focus of the international human rights regime is on the dignity
and well-being of each individual19 makes it necessary to move beyond the
narrow interpretation of international human rights obligations that neglects the
human rights of individuals in order to shield States. As Mark Gibney argues,
‘given the profound impact one State can have on the citizens of another State
in the current global structure, requires the State obligations to be defined
beyond the historical narrow perspective.’20 International law is now faced with
the dilemma of regulating conduct between States in an environment in which
the States are no longer the only international actors.21 This is particularly
evident in the power and influence of transnational corporations and
conglomerates and their impact on State policies, including those related to
human rights.
Transforming the policy role of the State, thus, requires a model of an ‘activist
State’ that is sensitive to democratic demands of the people, engages with the
broader society in policy formulation and implementation, and takes an active
role in promoting and supporting private enterprise while ensuring that national
wealth and prosperity is achieved in a fair and equitable manner with a focus
on human rights and the well-being of individuals. Such an activist stance can
significantly strengthen the capacity of the State for resource mobilisation and
allocation for ESC rights realisation.
Although the notion of an ‘activist State’ is not widely used in the contemporary
literature, the concept has historical roots in the evolution of academic
19
Sigrun Skogly, Beyond National Borders: States' Human Rights Obligations in
International Cooperation (Intersentia, Antwerp, 2006), 7-8.
20
Mark Gibney, 'On Terminology: Extraterritorial Obligations' in Malcolm Langford et al (eds),
Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural
Rights in International Law (Cambridge University Press, Cambridge, 2012) 32-48, 46.
21
Skogly, above n 19, 7.
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