Quick answer
International human rights law places three connected duties on the State: to respect, to protect and to fulfil each right. Respect means the State must not interfere with the right itself. Protect means it must stop third parties, such as private persons or companies, from violating the right. Fulfil means it must take positive steps, such as laws, budgets and services, to make the right real. When people cannot meet a need for reasons beyond their control, this includes providing it directly.
The law
The UN Committee on Economic, Social and Cultural Rights (CESCR) set out the framework in General Comment No. 12 on the right to adequate food (1999, paragraph 15). It said every human right imposes three types or levels of obligation: to respect, to protect and to fulfil. The duty to fulfil includes a duty to facilitate (strengthen people's own access to resources) and a duty to provide (supply the right directly when people cannot help themselves). It added that the duty to provide also applies to victims of natural or other disasters. General Comment No. 14 on the right to health (2000, paragraph 33) repeats the three duties and adds a duty to promote under fulfil.
The idea is not limited to economic and social rights. In General Comment No. 31 (2004, paragraph 8), the Human Rights Committee said States must protect people against violations of rights under the International Covenant on Civil and Political Rights (ICCPR) both by State agents and by private persons or entities.
The three duties compared
| Duty | What the State must do | Type of obligation |
|---|---|---|
| Respect | Refrain from interfering, directly or indirectly, with the enjoyment of the right | Negative (hold back) |
| Protect | Prevent third parties, such as private persons or businesses, from depriving people of the right | Positive (regulate and enforce) |
| Fulfil | Facilitate, provide and promote the right through legislative, administrative, budgetary, judicial and other measures | Positive (build and deliver) |
Examples
Respect: A public authority demolishes Aadil's home without following the procedure required by law. The State itself has interfered with his rights.
Protect: Private attackers threaten Armaan, and the police ignore his serious complaint. The State has not acted against harm by private persons.
Fulfil: A flood leaves Neha and her family without food or shelter. Because they cannot meet these needs for reasons beyond their control, the State must consider its duty to provide relief under the applicable law.
Why the framework matters
- It shows that human rights are not only orders telling governments to stay away. Dignity sometimes requires State action.
- It helps identify a violation: an act (interference) breaches the duty to respect, while a failure to act may breach the duty to protect or to fulfil.
- The exact steps required depend on the particular right, the treaty and the State's resources. Some duties apply immediately, while others are to be achieved progressively, as General Comment No. 12 notes.
For a wider overview of the subject, see Human Rights Law: Complete Notes.
Exam point
Respect = do not violate; protect = stop others from violating; fulfil = facilitate, provide and promote (CESCR General Comment No. 12, para 15, and No. 14, para 33).
