consequence, States must take measures to “prevent, punish, investigate or redress the harm
caused … by private persons or entities.”227 The State duty to protect the human rights invoked
by the Petitioners – to life, to health, to food, to water, to sanitation, and to housing – from
corporate violations, is well-established in the interpretative work of UN treaty bodies and UN
special procedures, and in international jurisprudence. 228
International Covenant on Civil and Political Rights (ICCPR): The ICCPR Article 2
requires States to “respect and to ensure … the rights recognized” in the ICCPR, and to “take the
necessary steps, in accordance with its constitutional processes … to adopt such laws or other
measures as may be necessary to give effect to the rights recognized in the … Covenant.” 229 The
UN Human Rights Committee has clarified that State Parties to the ICCPR must protect
individuals from acts committed by private persons or entities which would impair the
enjoyment of rights contained in the ICCPR, including, among other measures, to investigate or
redress the harm caused by such acts by private persons or entities. 230
International Covenant on Economic, Social and Cultural Rights (ICESCR): The
ICESCR, in Article 2(1), requires States to recognize the rights found within the convention by
all appropriate means, particularly through the adoption of legislative measures. Article 11 of the
ICESCR articulates a State’s duties in regards to protecting an adequate standard of living for its
people. It provides that “States Parties will take appropriate steps to ensure the realization of this
right, recognizing to this effect the essential importance of international co-operation based on
free consent.”231 The language in Article 11(1) particularizes for the rights to food, clothing,
housing, among others, the general obligation found in the above-referenced Article 2(1) of the
ICESCR. The CESCR articulated and expanded on the duty to protect, including its general
comments on the right to food, and the right to water. Regarding the right to food and the duty to
protect, the CESCR affirmed the obligation of the State to respect, protect, and fulfill this right.
This duty to protect includes the duty to protect against abuses by third parties, which includes
businesses. States have a positive obligation to protect against human rights abuses by private
actors occurring within their territories under international treaty law. 232
Convention on the Rights of the Child (CRC): State Parties to the CRC have an
obligation to safeguard the rights of children under their jurisdiction. 233 The Committee on the
Rights of the Child has elaborated on State obligations under the CRC to regulate the private
227
United Nations Human Rights Committee, General Comment No. 31 [80], The Nature of the General Legal
Obligation Imposed on States parties to the Covenant, U.N. Doc. CCPR/C/21/Rev.1/Add.13, ¶ 8 (2004).
228
See APF & GANHRI brief, at ¶ 42, n. 2.
229
Amicus curiae brief submitted by Maastricht Principles Drafting Group, p. 3, https://businesshumanrights.org/sites/default/files/documents/Submission_Maastricht%20Principles%20drafting%20group.docx
[hereinafter Maastricht Principles Drafting Group brief] (citing ICCPR, supra note 65).
230
Maastricht Principles Drafting Group, at p. 3 (citing UN Human Rights Committee, General Comment 31: nature
of the general legal obligation imposed on states parties to the covenant, U.N. Doc. CCPR/C/21/Rev1/Add.13, ¶ 8
(May 26, 2004)).
231
Maastricht Principles Drafting Group brief, at p. 4 (citing ICESCR, supra note 72, at Art. 11).
232
Maastricht Principles Drafting Group brief, at p. 4 (citing ICESCR, supra note 72; UN Committee on Economic,
Social and Cultural Rights, General Comment 12: The right to adequate food (Article 11), U.N. Doc.
E/C.12/1999/5, ¶ 15 (May 12, 1999); UN Committee on Economic, Social and Cultural Rights, General Comment
15: The right to water (articles 11 and 12), U.N. Doc. E/C.12/2002/11, ¶¶ 23-24 (Jan. 20, 2003).
233
Maastricht Principles Drafting Group brief, at pgs. 7-8 (citing Convention on the Rights of the Child, Nov. 20,
1989, 1577 U.N.T.S. 3 [hereinafter CRC]).
48
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