THE EXTRATERRITORIAL RESPONSIBILITY OF STATES FOR HUMAN RIGHTS: THE CONTRIBUTIONS OF THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS - DOI: 10.12818/P.0304-2340.2022v81p407

Abstract

The article identifies and analyzes the regime of
extraterritorial reponsibility of states derived
from the International Covenant on Economic,
Social and Cultural Rights (ICESCR) in light
of the official decision-making practice of the
Committee on Economic, Social and Cultural
Rights (CESCR), its supervisory body. The
normative basis of the ICESCR, connected
and examined together with the CESCR’s
declarations, general observations, concerns
and recommendations, will be the core of the
analysis. These norms, principles and official
documents generate a standard of conduct
in the States Parties to the ICESCR capable
of attesting to the existence of a true regime,
affirming it as one of the most effective in
the application, consecration, accountability
and responsibility of the States regarding
their extraterritorial obligations on the path
of human rights. Given the contemporaneity
of the subject and the recent practice of the
CESCR in the cause under examination, this
is an original work, of capital importance for
the understanding and consolidation of the
theme, based on primary sources and official
documents, many not yet appreciated by the
academic community. Three categories of
situations that give rise to the extraterritorial
obligations of the States Parties to the
ICESCR were highlighted: acts or omissions capable of causing predictable effects on the
enjoyment of economic, social, and cultural
rights (ESCR); the exercise of authority or
effective control by the State Party; and, its
positioning for decisive influence. Finally, the
fundamental role of international cooperation
and assistance is recognized, as well as the
adoption of measures, jointly or individually,
for the full exercise of human rights within the
scope of the extraterritorial responsibility of
States Parties to the ICESCR.