Chapter 2 | Page 58
and co-operation, which can (and in many cases must) be sought to ensure
the effective fulfilment of these obligations.
Given this international dimension, international assistance and co-operation
activities are fundamental to the effective realisation of many ESC rights in
developing States.53 Apart from their reference as part of the general
obligations in Article 2(1), international assistance and co-operation activities
are also identified as essential in the realisation of the right to an adequate
standard of living,54 the right to be free from hunger,55 and in relation to cultural
rights.56 For example, Article 11 on the right to an adequate standard of living
specifically recognises the ‘essential importance of international co-operation
based on free consent’57 and the need for international assistance and cooperation targeted at enhancing food production and distribution methods.58
In this context, the ESCR Committee goes on to make specific references to
the provisions contained in Articles 11, 15, 22 and 23, implying that apart from
the general provisions under Article 2(1), these specific provisions also create
obligations to provide co-operation and assistance.59 The Committee also
makes reference to Articles 55 and 56 of the Charter of the United Nations and
to well-established principles of international law along with the provisions of
the Covenant that international co-operation for development and thus for the
realisation of economic, social and cultural rights is an obligation of all States.
53
The language of international assistance and cooperation is found, among others, in the
United Nations, Charter of the United Nations, UN Doc 1 UNTS XVI (24 October 1945),
preamble, article 1(3) and art 55); United Nations, Universal Declaration of Human Rights,
GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December
1948), art 22 and 28; ICESCR, above n 33, art 2(1), 11(11), 11(12), 15(14), 22, and 23;
United Nations General Assembly, Declaration on the Right to Development, 41/128, 41st
sess, 97th plenary mtg, UN Doc A/RES/41/128 (4 December 1986), article 3, and 4(2).
54
ICESCR, above n 33, art 11(1).
55
Ibid. Article 11(2).
56
Ibid. Article 15(4).
57
Ibid. Article 11(1).
58
Ibid. Article 11(2b).
59
CESCR General Comment No 3, E/1991/23, above n 49, [13].
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