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State obligations
“All States have an obligation to endeavour to ensure the widest possible enjoyment of all the rights recognized in the Covenant without any discrimination and on the basis of equal opportunity, paying special attention to the protection of the rights of the most vulnerable segments of the population and to the equitable and effective use of the available resources.”
Mr. Hatem Kotrane, Independent Expert on the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.
Human rights instruments have been jointly drafted by the world community, and the associated obligations have been voluntarily undertaken by each State Party as a result of signing particular treaties. States are thus bound by their own consent to a set of obligations concerning their treatment of individuals, without discrimination, within their jurisdiction. However, under the International Covenant on Economic, Social and Cultural Rights, developing countries may determine to what extent they will guarantee to non-nationals the economic rights recognised in the Covenant.
The precise obligations of states vary from treaty to treaty but in general, States Parties can be regarded as obliged to ‘respect’, ‘protect’ and ‘fulfil’ the rights contained within the treaty. The latter includes the obligations to facilitate, promote and provide those rights.
Respect
States are obliged to ensure that human rights are fully respected in the context of state policies, laws and actions. This obligation requires states to ensure that none of its ministries or public servants violate or impede enjoyment of human rights by their policies or actions.
Protect
States are obliged to ensure that enjoyment, by everyone without discrimination, of all their human rights is protected from abuse by third parties – ie from the actions of individuals and groups at all levels of society, including corporations, institutions and public and private bodies. This protection should be through the introduction of laws to protect human rights, and the provision of affordable and accessible redress procedures in the event of abuse of the rights.
Fulfil
States are obliged to take the necessary steps to ensure the realisation of human rights in practice through the adoption of legislative and other measures, such as the provision of education and other public services and policies designed to ensure access for everyone to basic needs. The obligation to fulfil includes the obligations to facilitate, promote and provide. In the context of economic, social and cultural rights, states are obliged to take all measures to achieve the progressive realisation of the rights.
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In practice, human rights laws require states to:
- Incorporate into national law the rights enshrined in international human rights instruments
- Undertake a review of national law, policies and actions to ensure that they adequately protect and respect the equal rights of everyone and protect against discrimination in enjoyment of rights
- Analyse the realisation of the rights within all sectors of the community (best achieved in partnership with representatives of civil society including people living in poverty and social disadvantage) in order to identify any groups not adequately enjoying their rights
- Develop policies and programmes in line with international human rights law and the introduction of all appropriate measures to ensure realisation of the human rights by all people without discrimination; this may include providing support for those unable to meet their own needs
- Promote the observance of human rights through education and training in human rights and responsibilities
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