Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
1.3 Civil and political rights, and economic, social
and cultural rights
As will be shown in further detail in Chapter 14 of this Manual, the
interdependence of civil, cultural, economic, political and social rights has been
emphasized by the United Nations ever since its inception. However, it is important at
the outset to put to rest a frequently invoked distinction between civil and political
rights, on the one hand, and economic, social and cultural rights on the other.
According to this distinction, all that States basically have to do in order to respect civil
and political rights is to refrain from killing, enforced disappearance, torture and other
such practices; whereas in order to implement the other group of rights they have to
undertake forceful positive actions.
However, as has already been pointed out in Chapter 1, and as will be further
demonstrated in other chapters of this Manual, there are indeed many situations which
impose on States positive obligations to comply with their international legal duties in
the field of civil and political rights as well.
When one examines, from a purely practical point of view, the reasons why in
many countries worldwide people are still being killed and subjected to other forms of
unlawful treatment, it becomes abundantly clear that it is precisely because States have
not taken the resolutely positive actions required in order to put an end to these
practices that human rights violations persist. Rarely, if ever, do such practices go away
by themselves, and for States to adopt a position of inaction is thus not an adequate and
sufficient means of ensuring that they comply with their international legal obligations.
States also have to undertake significant efforts both to organize free and fair elections
at regular intervals and to set up and maintain an efficient, independent and impartial
judiciary.
This imperative need for positive action to secure compliance with
international human rights obligations is an important factor to be borne in mind at all
times by judges, prosecutors and lawyers in the exercise of their professional
responsibilities.
In order effectively to respect and ensure civil and political rights, it may
not be sufficient for States simply to do nothing. States may have to take
strong positive action in order to comply with their legal obligations in this
field.
30
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers