I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> What are human rights?
There are also legal obligations of a more positive
nature that States must meet, like the adoption of
legislative, judicial and administrative measures
critical for the realization of civil, cultural, economic,
political and social rights. It relates to the obligation
to fulfil human rights, which includes the obligations
to promote (e.g., by creating an institutional and
policy framework to support the enjoyment of rights)
and to provide (e.g., allocating appropriate public
resources). Here the right holder’s claims relate to
the implementation of the duty bearer’s commitments
to pursuing certain policies for achieving a set of
desired results that can be related to the realization
of human rights. While such obligations are often
seen as less easily justiciable, recent developments
show that they can also be subjected to judicial
review. Moreover, the obligation to fulfil relates to
economic, social and cultural rights as well as to
civil and political rights (e.g., legal aid for indigent
defendants).
Box 2
Even when the full realization of rights, such as the
rights to food, housing, education and health, is likely
to be achieved only progressively, States have an
immediate obligation to satisfy a “minimum essential
level” of those rights and to take deliberate, concrete
and targeted steps towards their full realization. In
addition, States have the duty to demonstrate that all
their available resources, including through requests
for international assistance, as needed, are being
called upon to fulfil economic, social and cultural
rights.5 Furthermore, any deliberate retrogressive
measures also require the most careful consideration
and need to be fully justified by reference to the
totality of the rights guaranteed in the International
Covenant on Economic, Social and Cultural Rights
and in the context of the full use of the maximum
available resources.
Scope of State human rights obligations
Respect
State must refrain from
interfering with the enjoyment
of human rights
Protect
State must prevent private
actors or third parties from
violating human rights
Fulfil
State must take positive
measures, including adopting
appropriate legislation,
policies and programmes,
to ensure the realization of
human rights
5. Human Rights Committee general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties
to the Covenant and Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States
parties obligations (art. 2, para. 1).
12 Human Rights Indicators