Asia Pacific Forum of National Human Rights Institutions and Global Alliance of National Human Rights Institutions 24 92 Ibid. 93 Decision 1/CP.21, Adoption of the Paris Agreement, FCCC/CP/2015/ 10, Add.1, 29 January 2016, at 49. 94 Exxon, para 20; Cemex, at b; and LafargeHolcim, at 6. 95 Economic, social and cultural rights are enshrined in arts. 22 – 27 of the Universal Declaration of Human Rights, UNGA Res. 217A (III), A/810, (adopted 10 December 1948) (‘UDHR’). The core principles of interrelatedness, interdependence, and indivisibility of human rights were reconfirmed after the end of the Cold War in the Vienna Declaration and Programme of Action, 25 June 1993, A/CONF.157/23, para. 5. 96 See J. Morsink, The Universal Declaration of Human Rights: Origins, Drafting, and Intent (University of Pennsylvania Press, 1999) at 165-6 and 195. 97 See discussion in Cismas (note 12 above), at 452-457. 98 The preambular paragraphs in the two Covenants (note 89 above) indicate the interdependence and indivisibility of human rights: ‘Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights’. 99 Note 27 above. 100 See F. Coomans (ed.), Justiciability of Economic and Social Rights: Experiences from Domestic Systems (Intersentia-Maastricht Centre for Human Rights, 2006); Centre on Housing Rights and Evictions (COHRE), Litigating Economic, Social and Cultural Rights: Achievements, Challenges and Strategies (COHRE, 2003); COHRE, “Leading cases in Economic, Social and Cultural Rights: Summaries” (COHRE. Working Papers No 4, 2006); ESCR-Net Case law Database, available at www.escr-net.org/caselaw/; Y. Ghai and J. Cottrell (eds.), Economic, Social and Cultural Rights in Practice: The Role of Judges in Implementing Economic, Social and Cultural Rights (London: Interights, 2004) and M. Langford (ed.), Social Rights Jurisprudence: Emerging Trends in Comparative and International Law (Cambridge University Press, 2008). 101 AfCHPR, Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v Sudan (2010), Communication No. 279/03 and 296/05. 102 The Optional Protocol ICESCR was adopted in 2008 and has, at the time of writing, 22 parties. The Optional Protocol ICCPR was adopted in 1966 and has 112 parties. We note that the Philippines is not currently a party to the Optional Protocol. 103 The General Comments of the UN Committee on Economic, Social and Cultural Rights have played an essential role in the process of normative clarification. Those directly relevant to the current petition include: General Comment No. 4: The right to adequate housing (art. 11 (1) of the Covenant), E/1992/23; General Comment No. 7: The right to adequate housing (art. 11 (1) of the Covenant): Forced evictions, E/1998/22, annex IV; General Comment No. 12: Right to adequate food, E/C.12/1999/5; General Comment No. 14: The right to the highest attainable standard of health (art. 12), E/C.12/2000/4; General Comment No. 15: The right to water, E/C.12/2002/11; Statement on the Right to Sanitation, E/C.12/2010/1. See also the Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, A/ HRC/12/24, 1 July 2009. 104 See F. Megret, ‘The Nature of Obligations’ in D. Moeckli, S. Shah, S. Sivakumaran (eds.), International Human Rights Law (2nd ed, Oxford University Press, 2014), at 110-114. 105 Ibid., at 102-104. 106 In relation to the right to food, for example, the forced eviction or displacement of individuals from their land ‘especially if the land was their primary means of feeding themselves’ would represent a violation of the obligation to respect.’ Report of the Special Rapporteur on the right to food, Jean Ziegler, E/CN.4/2006/44, 16 March 2006, para. 22. 107 See Human Rights Committee, Draft General Comment No. 36: Article 6: Right to life, CCPR/C/GC/R.36/Rev.2, paras. 23-33. For an overview of case law of the European Courts of Human Rights (ECtHR) relating to the positive obligations attaching to the right to life see: ECtHR, Right to Life, Factsheet, July 2013, available at www.echr.coe.int/Documents/FS_Life_ENG.pdf, at 3-6. More generally on positive obligations, see D. Xenos, The Positive Obligations of the State under the European Convention of Human Rights (Routledge, 2012) and D. Shelton and P.G. Carozza, Regional Protection of Human Rights, vol. 1 (2nd ed, Oxford University Press, 2013), at 575-629. 108 Draft General Comment No. 36 (note 107 above), paras. 36. 109 See Langford and Nolan (note 20 above) at 29-30. Langford and Nolan cite the following cases as illustrations: The International Commission of Jurists v. Portugal, Complaint No. 1/1998, European Committee of Social Rights; and African Commission on Human and Peoples’ Rights, SERAC v. Nigeria, Case No. 155/96. Since 2006, the jurisprudence concerning the obligation to protect has increased substantially, including under the Optional Protocol to the ICESCR. See IDG v. Spain, Communication No. 2/2014, E/C.12/55/D/2/2014. 110 See International Commission of Jurists, ‘Courts and the Legal Enforcement of Economic, Social and Cultural Rights: Comparative experiences of justiciability’ (Geneva, 2008), at 10. 111 See International Commission of Jurists, ‘Courts and the Legal Enforcement of Economic, Social and Cultural Rights: Comparative experiences of justiciability’ (Geneva, 2008), at 65 and 67. See also the following cases, for example, European Court of Human Rights, López Ostra v. Spain, December 9, 1994, paras. 51, 56-58; Guerra and others v. Italy, February 19, 1998, para. 60; Hatton and others v. the United Kingdom, October 2, 2001, paras. 99-107; Taskin and others v. Turkey, November 10, 2004, paras. 115126; Moreno Gomez v. Spain, November 16, 2004, paras. 60-63; Fadeyeva v. Russia, June 9, 2005, paras. 94-105, 116-134.