Chapter 2 | Page 73
mothers. Similarly, children and young persons are accorded special
protection, which requires States to put in place special measures of protection
and assistance, without discrimination, and to ensure that social exploitation
of children and young persons is prohibited and punishable by law.136
The right to an adequate standard of living and its correlative obligations
under Article 11 covers adequate food, clothing and housing, and continuous
improvement of living conditions. The overarching concept of the right to an
adequate standard of living is the ability of everyone to be able, ‘without shame
and without reasonable obstacles, to be a full participant in ordinary, everyday
interaction with other people’.137 Similarly, this right also constitutes
individuals’ ability to ‘enjoy their basic needs under conditions of dignity’.138 In
essence, an adequate standard of living implies a ‘living above the poverty line
of the society concerned’.139 This would include the right to adequate food,
which is inseparable from social justice and ‘indivisibly linked to the inherent
dignity of the human person and is indispensable for the fulfilment of other
human rights’, which obligates States to adopt appropriate economic,
environmental and social policies oriented towards poverty eradication and
fulfilment of all human rights.140 Similarly, the adequacy of the right to water
depends on factors necessary to prevent death from dehydration, and
adequate amounts for consumption, cooking and other basic personal
requirements.141 It is generally understood that priority in the allocation of
136
ICESCR, above n 33, art 10.
137
Asbjørn Eide, 'The Right to an Adequate Standard of Living including the Right to Food' in
Asbjørn Eide, Catarina Krause and Allan Rosas (eds), Economic, Social and Cultural
Rights: A Textbook (Martinus Nijhoff Publishers, Dordrecht, 2001) 133-148.
138
Ibid.
139
Ibid., 134.
140
Committee on Economic, Social and Cultural Rights, General Comment No 12: The Right
to Adequate Food (art. 11), 20th sess, UN Doc E/C.12/1999/5 (12 May 1999), [4].
141
While the ICESCR does not include an explicit reference to a right to water, the ESCR
Committee in its General Comment 15 has interpreted the provisions of the Covenant
Articles 11 and 12 (right to an adequate standard of living and the right to the highest
attainable standard of health) to imply such a right. Although this interpretation was
somewhat controversial at the time, the right to water is also recognised by other
international instruments as well as by the United Nations General Assembly on the 28
July 2010 (Resolution 64/292: The human right to water and sanitation).
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