To what extent do international actors have a duty to cooperate for the protection of economic and social rights? The case of Haiti

This thesis seeks to clarify whether or not Developed States are legally obliged to cooperate for the protection of economic and social rights. The aim is to provide an analysis of the relationship between laws and realities with the aim of improving the response to the human rights challenges of a country in process of reconstruction. More specifically, based on the case study of Haiti, the thesis poses the following research questions: a) to what extent does the current legal and institutional framework of Haiti protect the economic and social rights of its people? b) If a State is not capable of offering domestic protection, are State actors legally bound to cooperate for the protection of economic and social rights? c) And last, to what extent has there been an inclusion of human rights within the reconstruction and peace building programme in Haiti? Focusing on the protection of the right to health, right to education and right to adequate housing, the thesis concludes that the enactment of laws and ratification of international treaties do not necessarily lead to the protection of human rights in the field. Moreover, the preeminence of the positivist school has affected the effectiveness of the protection guaranteed by core international human rights instruments. Nevertheless, whatever the legal method employed, States have moral obligations to improve the standard of living of everyone. Beyond these debates, the application of a Human Rights-Based Approach could be an alternative mean to protect human rights in those States that are weakened by specific circumstances. The case of Haiti reveals though that there is a long way to go in order to achieve an effective and coordinated implementation of a HRBA by the international community