98
CONCLUSION
2
CESCR General Comment No.14 on the Right to the Highest Attainable Standard of
Health, UN doc. E/C.12/2000/4, para. 47.
3
CESCR General Comment No.12 on the Right to Adequate Food, UN doc. E/C.12/1999/5,
para. 17; CESCR General Comment No. 5 on Persons with Disabilities, UN doc
E/1995/22 at 19, para. 13; CESCR General Comment No.11 on Plans of Action for
Primary Education, UN doc. E/C.12/1999/4, para. 11.
4
CESCR General Comment No. 3 on the Nature of States Parties’ Obligations, UN doc.
E/1991/23, Annex III, 1990, para. 14.
5
CESCR General Comment No. 15 on the Right to Water, UN doc. E/C.12/2002/11, para.
60: ‘ … The international financial institutions, notably the International Monetary Fund
and the World Bank, should take into account the right to water in their lending policies,
credit agreements, structural adjustment programmes and other development projects
(see General Comment No. 2, 1990), so that the enjoyment of the right to water is
promoted. When examining the reports of States parties and their ability to meet the
obligations to realize the right to water, the Committee will consider the effects of the
assistance provided by all other actors … .’; see also, CRC General Comment No. 5 on
General Measures of Implementation of the Convention on the Rights of the Child, UN
doc. CRC/GC/2003/5, para. 64; and, CESCR Concluding Observations on Ecuador, UN
doc E/C.12/1/Add.100, 2004, paras. 9, 56: ‘The Committee takes note that the structural
adjustment policies in the State party have negatively affected the enjoyment of
economic, social and cultural rights by the population, particularly the disadvantaged
and marginalized groups of society. It especially notes the high percentage of the annual
national budget (around 40 per cent) allocated to foreign debt servicing that seriously
limits the resources available for the achievement of effective enjoyment of economic,
social and cultural rights … The Committee strongly recommends that the State party's
obligations under the Covenant should be taken into account in all aspects of its negotiations with the international financial institutions and other regional trade agreements to
ensure that economic, social and cultural rights, particularly of the most disadvantaged
and marginalized groups, are not undermined’; and, CESCR Concluding Observations
on Senegal UN doc. E/C.12/1/Add.62, 2001, para. 60: ‘The Committee strongly
recommends that Senegal's obligations under the Covenant be taken into account in all
aspects of its negotiations with international financial institutions, such as the
International Monetary Fund and the World Bank, to ensure that the economic, social
and cultural rights of Senegalese and, in particular, of the most vulnerable groups of
society, are duly protected’.
6
CESCR General Comment No.12 on the Right to Adequate Food, op.cit., para. 21; CESCR
General Comment No.14 on the Right to Health, op.cit., para. 53.
7
CESCR General Comment No.15 on the Right to Water, op.cit., para. 37.
8
CESCR Concluding Observations on Israel, UN doc. E/C.12/1/Add.90, 2003, para. 31.
9
Similarly, Alston noted recently that a plausible claim can be made that at least some of