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

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