18
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
of Covenant rights insofar as they are amenable to application between
private persons or entities.”15 In international humanitarian law too, States
must protect prisoners, e.g., from public curiosity, maintain law and order
in occupied territories, and protect women from rape. Under the obligation
to take precautions against the effects of attacks by the enemy, they must
even take measures, to the maximum extent feasible, to protect their own
civilian population, e.g., by endeavouring to keep military objectives and
combatants away from densely populated areas.
States also have an obligation to fulfil, for instance, by taking legislative,
administrative, budgetary, judicial and other steps towards the full
realization of human rights. This obligation may be realized incrementally
or progressively in relation to economic, social and cultural rights,16
and includes the duties to facilitate (increase access to resources and
means of attaining rights), provide (ensure that the whole population may
realize its rights if it is unable to do so on its own) and promote that right.
For example, the Committee on Economic, Social and Cultural Rights
has indicated that the obligation to fulfil the right to work includes the
implementation by States parties of plans to counter unemployment, to
take positive measures to enable and assist individuals to enjoy the right to
work, to implement technical and vocational education plans to facilitate
access to employment, and to undertake, for example, educational and
informational programmes to instil public awareness of the right to work.17
General comment No. 31 (2004), para. 8.
The Committee on Economic, Social and Cultural Rights, in general comment No. 3 (1990)
on the nature of States parties obligations, has indicated that “while the full realization of the
relevant rights may be achieved progressively, steps towards that goal must be taken within
a reasonably short time after the Covenant’s entry into force for the States concerned. Such
steps should be deliberate, concrete and targeted as clearly as possible towards meeting
the obligations recognized in the Covenant” (para. 2). Moreover, the Committee indicated
that the progressive realization of economic, social and cultural rights “differs significantly
from that contained in article 2 of the International Covenant on Civil and Political Rights
which embodies an immediate obligation to respect and ensure all of the relevant rights.
Nevertheless, the fact that realization over time, or in other words progressively, is foreseen
under the [International] Covenant [on Economic, Social and Cultural Rights] should not be
misinterpreted as depriving the obligation of all meaningful content” (para. 9).
17
General comment No. 18 (2005) on the right to work, paras. 26–28.
15
16
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