in poverty.’ Because of its mandate, expertise and
experience, the Committee gives particular attention
to the economic, social and cultural rights dimensions
of anti-poverty strategies, but all rights are equally
important as a means of ensuring that all people can
live in freedom and dignity.
is a need for appropriately trained officials operating
good
processes
that are
informed
by reliable,
disaggregated data.
11, Second, non-discrimination and equality are integral
14. The Covenant empowers the poor by granting
them rights and imposing legal obligations on others,
such as States. Critically, rights and obligations
demand
accountability:
unless supported
by a
system of accountability, they can become no more
than windowdressing. Accordingly, the human rights
elements of the international human rights normative
framework, including the International Covenant on
Economic,
Social and
Cultural Rights. Sometimes
poverty arises when people have no access to existing
resources because of who they are, what they believe
or where they live, Discrimination may cause poverty,
just as poverty may cause discrimination. Inequality
may be entrenched in institutions and deeply rooted in
social values that shape relationships within households
and communities. Accordingly, the intemational norms
of non-discrimination and equality, which demand that
particular attention be given to vulnerable groups and
individuals fram such groups, have profound implications
for anti-poverty strategies.
12, Third, the international human rights normative
framework includes the right of those affected by
key decisions to participate in the relevant decisionmaking processes, The right to participate is reflected
in
numerous
international
the International Covenant
instruments,
including
on Economic,
Social and
Cultural Rights and the Declaration on the Right to
Development.® In the Committee's experience, a
policy or programme that is formulated without the
active and informed participation of those affected
is most unlikely to be effective. Although free and
fair elections are a crucial component of the right to
participate, they are not enough to ensure that those
living in poverty enjoy the right to participate in key
decisions affecting their lives.
13.
In conclusion, anti-poverty policies are more
likely to be effective, sustainable, inclusive, equitable
and meaningful to those living in poverty if they are
based upon international human rights. For this to
occur, human rights need to be taken into account
in all relevant policy-making processes.® Thus, there
Obligations and accountability
approach to
requires that
international
their conduct
poverty emphasizes obligations and
all duty-holders, including States and
organizations, are held to account for
in relation to international human rights
law. In its General Comment No. 9, the Committee
remarks upon mechanisms of legal accountability for
State parties. As for other duty-holders, they must
determine which accountability
mechanisms are
most appropriate in their particular case. However,
whatever the mechanisms of accountability, they
must be accessible, transparent and effective,"
Core
Obligations:
National
=Consistent with ease |, paragraph 5 of the Vienna
Declaration and
Plan of Action, adopted by the World
Conference on Human Rights (1993): “All human rights
are
universal,
interrelated.
human
8
9
The
indivisible
and
international
rights globally
interdependent
community
in a fair and equal
must
realized progressively.'! However, General Comment
No. 3, adopted in 1990, confirms that State parties
have a “core obligation to ensure the satisfaction of,
at the very least, minimum essential levels of each
of the rights” enunciated
in the Covenant.
As the
Committee observes, without such a core obligation,
the Covenant “would be largely deprived of its raison
d’étre”.@
16.
More recently, the Committee began to identify
the core obligations arising from the “minimum
essential levels” of the rights to food, education and
health,” and it confirmed that these core obligations
are “non-derogable”.‘* In General Comment No. 14,
the Committee emphasizes that it is particularly
position to assist, to provide
“international assistance and cooperation, especially
economic
and
technical”
to enable
developing
and
treat
manner, on
the same footing, and with the samme emphasis."
See article 13.1 of the Internationa! Covenant on Economic, Social and Cultural Rights and article 2.3 of the
Declaration on the Right to Development.
See statement of the Committee on Economic, Social
10
For the Committee’s remarks on the “Obligations of
actors other than States parties” see, in particular, General
Comment No, 13, part Ill and General Comment No. 14, part
V; also General Comment No. 12, paras. 20 and 38-41.
11
Article 2.1.
of the World Trade Organization, Seattle, 30 November3 December 1999 (E/C.12/1999/9).
12
General Comment No. 3, para. 10.
13
14
General Comment Nos. 11, 13 and 14 respectively.
General Comment No. 14, para. 47.
and Cultural Rights to the Third Ministerial Conference
52
International
15. According to the Covenant, the enumerated
rights are subject to resource availability and may be
incumbent on all those ina
7
and
Responsibilities
cure ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK