In addition to the context of the Protocol and the Convention, examining cooperation language in relevant human rights treaties can provide further
information regarding the relative strength of 9(4). Those Conventions that
include international co-operation provisions, or prevention obligations, are
listed in Annex III. A summary of the most relevant provisions are listed below:
The Universal Declaration recognizes a right to social security as a member
of society and requires international cooperation to realize this right.
States Parties to the ICESCR undertake to cooperate internationally with a
view progressively realizing the economic, social and cultural rights set out in
the ICESR.
Similar to the ICESR, the CRC requires States Parties to realize the
economic, social and cultural rights of children progressively, and within the
framework of international cooperation, where needed.
The CRC requires States Parties to take all appropriate national, bilateral
and multilateral measures to prevent the abduction of, the sale of, or traffic in
children for any purpose or in any form.
The prevention obligations in the CAT are purely national.
The Migrant Workers Convention requires States Parties, including States of
transit, to collaborate with a view to preventing and eliminating illegal or
clandestine movements and the employment of migrant workers in irregular
situations.
The Slavery Convention requires States Parties to exchange information and
cooperate in the realization of the provisions of the Slavery Convention.
States recognize the economic barriers that some countries face in
recognizing economic, social and cultural rights. Not all States have equal
resources and this reality is dealt with in the ICESCR and CRC when States
Parties undertake to cooperate internationally with a view to realizing people's
economic, social and cultural rights. It is interesting that in both conventions, the
provisions related to international cooperation use the language of an
"undertaking" rather than imposing a duty with "shall." An "undertaking" is a
promise to do something, to guarantee some action is taken.68 "Shall" on the
other hand is an imperative, a command to do what is set out in the legislation. 69
Only in relation to trafficking is the language "shall" used in the human
rights treaties demonstrating that in relation to trafficking, there is a greater
political willingness to include transnational prevention obligations. The CRC
requires States Parties to take all appropriate national, bilateral, and multilateral
measures to prevent the abduction of, the sale of, or traffic in children for any
purpose or in any form. This provision does not list "root causes" and would not
apply to trafficking victims who are over 18 years of age. However, it does
appear to provide an additional obligation on States Parties to undertake
transnational prevention measures to stop the trafficking of children.
In addition to the context of the Protocol and the Convention, examining cooperation language in relevant human rights treaties can provide furtherinformation regarding the relative strength of 9(4). Those Conventions thatinclude international co-operation provisions, or prevention obligations, arelisted in Annex III. A summary of the most relevant provisions are listed below:The Universal Declaration recognizes a right to social security as a memberof society and requires international cooperation to realize this right.States Parties to the ICESCR undertake to cooperate internationally with aview progressively realizing the economic, social and cultural rights set out inthe ICESR.Similar to the ICESR, the CRC requires States Parties to realize theeconomic, social and cultural rights of children progressively, and within theframework of international cooperation, where needed.The CRC requires States Parties to take all appropriate national, bilateraland multilateral measures to prevent the abduction of, the sale of, or traffic inchildren for any purpose or in any form.The prevention obligations in the CAT are purely national.The Migrant Workers Convention requires States Parties, including States oftransit, to collaborate with a view to preventing and eliminating illegal orclandestine movements and the employment of migrant workers in irregularsituations.The Slavery Convention requires States Parties to exchange information andcooperate in the realization of the provisions of the Slavery Convention. States recognize the economic barriers that some countries face inrecognizing economic, social and cultural rights. Not all States have equalresources and this reality is dealt with in the ICESCR and CRC when StatesParties undertake to cooperate internationally with a view to realizing people'seconomic, social and cultural rights. It is interesting that in both conventions, theprovisions related to international cooperation use the language of an"undertaking" rather than imposing a duty with "shall." An "undertaking" is apromise to do something, to guarantee some action is taken.68 "Shall" on theother hand is an imperative, a command to do what is set out in the legislation. 69Only in relation to trafficking is the language "shall" used in the humanrights treaties demonstrating that in relation to trafficking, there is a greaterpolitical willingness to include transnational prevention obligations. The CRCrequires States Parties to take all appropriate national, bilateral, and multilateralmeasures to prevent the abduction of, the sale of, or traffic in children for anypurpose or in any form. This provision does not list "root causes" and would notapply to trafficking victims who are over 18 years of age. However, it doesappear to provide an additional obligation on States Parties to undertaketransnational prevention measures to stop the trafficking of children.
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