ehsan javid; Saber Niavarani
Abstract
International Covenant of Economic, Social and Cultural Rights draws the content of international obligations of states parties to the Covenant in article 2. The Covenant obliges states parties to enter into international cooperation and assistance for the full realization of the highest attainable standards ...
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International Covenant of Economic, Social and Cultural Rights draws the content of international obligations of states parties to the Covenant in article 2. The Covenant obliges states parties to enter into international cooperation and assistance for the full realization of the highest attainable standards of the rights enshrined in the Covenant. Obligation to provide international assistance indicates the extraterritorial aspects of the Covenant. International Committee of Economic, Social and Cultural Rights confirms the extraterritorial applicability of obligations resulted from the Covenant. Committee considers that states parties to the Covenant are under an obligation to enforce their obligations not only within their territory, but also within territories which they have effective control over them. Committee recognizes that some states may be faced with lack of resources and, therefore, unable to meet their international obligations under ICESCR. If a state party has enough resources but is unwilling to provide international economic and technical assistance to poorer states, its international responsibility can be alleged because of breach of its legal obligations.
Ehsan Javid; Saber Niavarani
Volume 15, Issue 41 , December 2014, , Pages 47-70
Abstract
"The right to the enjoyment of the highest attainable standard of mental & physical health" is defined as a fundamental right which has critical important for the realization of the other rights. Belonged to the second generation of human rights, however, the right to health is in close linkage ...
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"The right to the enjoyment of the highest attainable standard of mental & physical health" is defined as a fundamental right which has critical important for the realization of the other rights. Belonged to the second generation of human rights, however, the right to health is in close linkage with other generations of human rights. This right entails a range of different rights which play inevitable role in its realization. To this end, enjoyment of the clean drinking water, adequate food, clean environment, access to essential medicines,… have been regarded as underlying determinants of the right to health. By virtue of this, we can argue that all human rights are interrelated, interdependent and inalienable. The realization of the highest attainable standard of health also depends on the maximum use of the available resources of states. Moreover, it would essentially be realized progressively.
