UNITED
NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E/C.12/1998/24
3 December 1998
Original:
ENGLISH
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Nineteenth session
Geneva, 16 November-4 December 1998
Agenda item 3
SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Draft general comment No. 9: The domestic
application of the Covenant*
A.
The duty to give effect to the Covenant in the domestic
legal order
1.
In its General Comment No. 3 (1990) the Committee addressed issues
relating to the nature and scope of States parties' obligations. The present
general comment seeks to elaborate further certain elements of the earlier
statement. The central obligation in relation to the Covenant is for States
parties to give effect to the rights recognized therein. By requiring
Governments to do so “by all appropriate means”, the Covenant adopts a broad
and flexible approach which enables the particularities of the legal and
administrative systems of each State, as well as other relevant
considerations, to be taken into account.
*
Adopted at the 51st meeting on 1 December 1998 (nineteenth session).
GE.98-14836
(E)