A/HRC/39/CRP.2 achieving progressively the full realization of the rights recognized in the Covenant. These include the right to work, the right to the enjoyment of just and favourable conditions of work, the right to form trade unions, the right to social security, the right to adequate standard of living including adequate food, clothing and housing, the right to the enjoyment of the highest attainable standard of physical and mental health, the right to education, and the right to take part in cultural life. These rights apply to everyone including non-nationals, such as stateless persons, regardless of legal status and documentation. 20 Complaints of violations should be promptly, impartially, and independently investigated and adjudicated, providing the complainant access to an effective remedy where appropriate.21 The United Nations Committee on Economic, Social and Cultural Rights further considers that the Covenant requires States parties to adopt an active approach to eliminating systemic discrimination and segregation in practice: Tackling such discrimination will usually require a comprehensive approach with a range of laws, policies and programmes, including temporary special measures. States parties should consider using incentives to encourage public and private actors to change their attitudes and behaviour in relation to individuals and groups of individuals facing systemic discrimination, or penalize them in case of noncompliance. Public leadership and programmes to raise awareness about systemic discrimination and the adoption of strict measures against incitement to discrimination are often necessary. Eliminating systemic discrimination will frequently require devoting greater resources to traditionally neglected groups. Given the persistent hostility towards some groups, particular attention will need to be given to ensuring that laws and policies are implemented by officials and others in practice.22 40. In addition to these four core United Nations human rights treaties, Myanmar is also a party to a number of other international conventions that are relevant to the protection of human rights. They include the Convention on the Prevention and Punishment of the Crime of Genocide (obliging Myanmar to prevent and punish the crime of genocide) and the International Labour Organization Forced Labour Convention, 1930 (No. 29) and Worst Forms of Child Labour Convention, 1999 (No. 182) (obliging Myanmar to suppress the use of forced or compulsory labour in all its forms within the shortest possible period, and to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency). 23 (b) Customary international human rights law 41. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), with Myanmar voting in favour. Although the UDHR was not intended at the time to be a legally binding document, it is generally considered as an authoritative interpretation of the human rights provisions in the (binding) United Nations Charter. The UDHR is considered a “common standard of achievement for all peoples and all nations”24 and it sets out the fundamental human rights that are to be universally protected. It is accepted that many of its provisions – if not the entire document – are reflective of customary international law.25 This means that States are bound by the norms captured in these provisions, regardless of whether they are codified in a binding treaty and ratified by the State concerned. 20 21 22 23 24 25 United Nations Committee on Economic, Social and Cultural Rights, “General Comment No. 20: Non-discrimination in economic, social and cultural rights” (E/C.12/GC/20), para. 30. Ibid. para. 40. Ibid. para. 39. Dates of accession or ratification by Myanmar are: Genocide Convention (14 March 1956), Forced Labour Convention (4 March 1955), Worst Forms of Child Labour Convention (18 December 2013). UDHR, Preamble. See H. Hannum, “The Status of the Universal Declaration of Human Rights in National and International Law”, Georgia Journal of International and Comparative Law, vol. 25 (1995/6) 287397; O. De Schutter, International Human Rights Law, 2nd ed. (Cambridge, Cambridge University Press, 2014), p. 63 (and references listed there). 13