INTRODUCTION
international financial institutions (notably those from the North with the greatest
influence) ‘to do all [they] can to ensure that the policies and decisions of those
organizations are in conformity with the obligations of state parties to the
Covenant’.38 International cooperation also includes meeting the internationally
agreed targets for international development assistance (0.7 per cent of gross
national income), which forms the basis of the UN Millennium Development
Goals.39 In sum, obligations that correspond to ESC rights are both of an immediate and progressive nature, and invoke national and international responsibilities.
Obligations to respect, protect and fulfil ESC rights
Human rights obligations are both positive and negative in character and it is
widely accepted that they be ‘respected, protected and fulfilled’ by states. These
different levels of obligations have been specifically applied to a variety of ESC
rights in relation to minorities and indigenous peoples, as the various chapters in
this guide will demonstrate. The obligation to ‘respect’ human rights refers to an
obligation of abstention by the state and all its organs and agents from doing
anything that violates human rights or undermines the realization of those rights.
The obligation to ‘protect’ human rights requires that states and their agents take
the measures necessary to prevent any individual or entity – including non-state
actors such as companies – from violating human rights. The obligation to ‘fulfil’
requires that measures be taken to ensure the realization of human rights.40
The corresponding economic, social and cultural rights require measures geared
towards both individuals and communities. For minorities and indigenous peoples,
these include: the prohibition of forced evictions from their lands;41 providing
assistance so that they are able to realize their right to education;42 determining
whether health facilities are culturally acceptable to minority communities;43 and
ensuring that nomadic and traveller communities have access to adequate water at
traditional and designated halting sites.44
What mechanisms are there to secure these rights?
This guide points to a range of mechanisms at the international, regional and
national levels that are available to advocates seeking to claim their ESC rights.
There are helpful tips on preparing ‘shadow reports’ to the UN treaty bodies in the
chapter, ‘Health rights’, and it is brought to our attention in the chapter, ‘Labour
rights’, that shadow reports can also be submitted to the ILO’s Committee of
Experts, while receiving a detailed overview of key ILO mechanisms. Several
chapters familiarize readers with the contributions made by UN Special
Rapporteurs in relation to the exercise of ESC rights by minority and indigenous
communities. Readers are informed of UN bodies with particularly relevant
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