case of violations.104 As such, a Party’s failure to “take appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the harm” caused by private entities could give rise to violations of the ICCPR.105 With respect to economic, social and cultural rights, Article 2(1) of the International Covenant on Economical, Social, and Cultural Rights (ICESCR) sets forth the obligation of State Parties to work toward the progressive implementation of the rights under the Covenant. Each Party agrees to “take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources,” and “all appropriate means” to achieve the full realization of the specified rights.106 The UN Committee on Economic, Social, and Cultural Rights has emphasized that the ICESCR imposes immediate obligations on Parties to take concrete and targeted actions toward the realization of those rights.107 In regard to corporations, it has stated that: “States Parties should also take steps to prevent human rights contraventions abroad by corporations that have their main seat under their jurisdiction, without infringing the sovereignty or diminishing the obligations of host states under the Covenant.”108 Furthermore it has required that “[t]o comply with their international obligations in relation to Article 12, States Parties have to respect the enjoyment of the right to health in other countries, and to prevent third parties from violating the right in other countries.”109 As stated in the OHCHR Report, “irrespective of the additional strain climate change-related events may place on available resources, States remain under an obligation to ensure the widest possible !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 104 Human Rights Committee, General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, Eighteenth Session, May 26, 2004 at ¶ 6. 105 Id. at ¶ 8. 106 Internatinoal Covenant on Economic, Social and Cultural Rights, December 19, 1966, art. 2(1), 993 U.N.T.S. 3. 107 United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 3: The Nature of States Parties’ Obligations, Fifth Session, Dec. 14, 1990, at ¶ 2. 108 United Nations Committee on Economic, Social and Cultural Rights, Statement on the Obligations of States Parties Regarding the Corporate Sector and Economic, Social and Cultural Rights, 2011, at ¶¶ 5-6. 109 United Nations Committee on Economic, Social, and Culutral Rights, General Comment 14: The Right to the Highest Attainable Standard of Health, Twenty-Second Session, August 11, 2000, at ¶ 39. It has made similar statements in other General Comments, for example United Nations Committee on Economic, Social, and Culutral Rights, General Comment 15: The Right to Water, Twenty-Ninth Session, January 20, 2003, at ¶ 33. ! ! ! ! ! 43 !

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