Situating the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights
21 Pages Posted: 27 Apr 2013
Date Written: April 26, 2013
Abstract
As a result of processes of economic globalization, the universality of economic, social and cultural rights is more important than ever, but at the same time also a major challenge. During times of globalization, States and other actors often escape accountability under human rights law for their actions and omissions abroad. One of the reasons for this is that the human rights normative framework that applies beyond national borders has not been well explained and often lacks clarity. This applies especially to economic, social and cultural rights. The enjoyment of these rights by people living in other countries is seriously at risk as a result of the conduct of other states, transnational corporations and decisions by intergovernmental organizations. There was, therefore a need to lay down a set of principles explaining what the human rights obligations of States are beyond national borders in the area of economic, social and cultural rights. The Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (adopted in 2011) precisely aim at defining and explaining these human rights obligations in a comprehensive and coherent way. The purpose of this contribution is to situate the document, provide background information on its process of development and to highlight and explain a number of key Principles.
Keywords: Human rights, economic, social and cultural rights, globalization, extraterritorial scope of human rights treaties, Maastricht Principles
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