The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights

Human Rights Quarterly

Volumn 20, Issue 3, 1998, Pages 691-700

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EID: 0345117423     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (4)

1. UNDP, Human Development Report 1996, ¶ 29.
2. The relevant Limburg Principles are the following: 70. A failure by a State party to comply with an obligation contained in the Covenant is, under international law, a violation of the Covenant. 71. In determining what amounts to a failure to comply, it must be borne in mind that the Covenant affords to a State party a margin of discretion in selecting the means for carrying out its objects, and that factors beyond its reasonable control may adversely affect its capacity to implement particular rights. 72. A State party will be in violation of the Covenant, inter alia, if: - it fails to take a step which it is required to take by the Covenant; - it fails to remove promptly obstacles which it is under a duty to remove to permit the immediate fulfilment of a right; - it fails to implement without delay a right which it is required by the Covenant to provide immediately; - it wilfully fails to meet a generally accepted international minimum standard of achievement, which is within its powers to meet; - it applies a limitation to a right recognized in the Covenant other than in accordance with the Covenant; - it deliberately retards or halts the progressive realization of a right, unless it is acting within a limitation permitted by the Covenant or it does so due to a lack of available resources or force majeure; - it fails to submit reports as required under the Covenant. 73. In accordance with international law each State party to the Covenant has the right to express the view that another State party is not complying with its obligations under the Covenant and to bring this to the attention of that State party. Any dispute that may thus arise shall be settled in accordance with the relevant rules of international law relating to the peaceful settlement of disputes. The full text of the Limburg Principles was published in UN Doc. E/CN.4/1987/17, Annex. It was reprinted in 9 HUM. RTS. Q. 122-35 (1987) and 37 ICJ REV., Dec. 1986, at 43, 43-55.
3. See Committee on Economic, Social and Cultural Rights, General Comment No. 3, 5th Sess., 1990, UN Doc. E/1991/23, Annex III, ¶ 10.
4. Bangalore Declaration and Plan of Action (1995), reprinted in 55 ICJ REV., Dec. 1995, at 219, 219-27.