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7.2.2012 : 15:54 : +0100

Respect/Protect/Fullfill

State parties have the obligations to respect, protect and fulfil human rights. The obligation to respect requires states parties to refrain from interfering with the enjoyment of rights. The obligation to protect requires States parties to prevent rights abuses by third parties. The obligation to fulfil (in the meaning of facilitate) requires states parties to pro-actively engage in activities that strengthen access to and realization of rights. Fulfil (in the meaning of provide) requires States to take measures necessary to ensure that each person within the jurisdiction may obtain basic rights whenever they, for reasons beyond their control, are unable to realize these rights through the means at their disposal. (Source: Asher, 'The Right to Health: A Resource Manual for NGOs').

Like civil and political rights, economic, social and cultural rights impose three different types of obligations on States: the obligations to respect, protect and fulfil. Failure to perform any one of these three obligations constitutes a violation of such rights. The obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights. Thus, the right to housing is violated if the State engages in arbitrary forced evictions. The obligation to protect requires States to pre-vent violations of such rights by third parties. Thus, the failure to ensure that private employers comply with basic labour standards may amount to a violation of the right to work or the right to just and favourable conditions of work. The obligation to fulfill requires States to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realization of such rights. Thus, the failure of States to provide essential primary health care to those in need may amount to a violation. (Source: Maastricht Guidelines on violations of economic, social and cultural rights)

Useful Websites

American Association for the Advancement of Science/HURIDOCS Economic, Social and Cultural Rights Project

Published the Thesaurus on Economic, Social and Cultural Rights: Terminology and Potential Violations.