2. MONITORING AND DOCUMENTING HUMAN RIGHTS VIOLATIONS: SOME BASIC CONCEPTS 2.3 HOW HUMAN RIGHTS ARE VIOLATED What constitutes a human rights violation has been the subject of numerous debates. In traditional discourse, human rights violations have been mainly held to be the responsibility of the state, in view of its various obligations towards its citizens. The World Conference on Human Rights in Vienna in 1993 developed a broader perspective on human rights, and consequently on human rights violations. The assertion that human rights consist of civil, cultural, economic, political and social rights that are indivisible, interrelated and interdependent also points to the responsibilities of various private actors, not just the state. The Maastricht Guidelines, 7 drawn up mainly to elaborate on the principles to guide the implementation of the International Covenant on Economic, Social and Cultural Rights, have helped in further solidifying the concept of attributing human rights violations to both state and non-state actors, albeit with emphasis on the role of the state. These guidelines provide the main basis for the discussions in the following sections on how to identify violations so as to be able to document them. The Maastricht Guidelines state that violations occur through acts of commission, by the State or by parties insufficiently regulated by the State, or through acts of omission by the State. Violations by the State - Acts of commission and omission On the part of the State, violations can be seen in terms of its failure to comply with three different types of obligations. These are:  obligation to respect: the obligation to respect requires the state, and all its organs and agents, to abstain from doing anything that violates the integrity of the individual or group or infringes on their freedom. Examples of this type of violations are such acts as: - extra-judicial execution (in violation of the obligation to respect an individual‟s right to life) - arbitrary arrest (in violation of the obligation to respect an individual‟s right to liberty) - banning of a trade union (in violation of the obligation to respect a group‟s freedom of association) - restriction on the practice of a certain religion (in violation of the obligation to respect an individual‟s freedom of religion) 7 The Maastricht Guidelines were arrived at during a meeting of more than 30 experts held in Maastricht 22-26 January 1997. The objective of the meeting was to elaborate on the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights as regards the nature and scope of violations of economic, social and cultural rights and appropriate responses and remedies. The Maastricht meeting was organised by the International Commission of Jurists, the Urban Morgan Institute on Human Rights and the Centre for Human Rights of the Faculty of Law of Maastricht University. The Limburg Principles and Maastricht Guidelines have been published in various documents, including International Commission of Jurists (ed.). Economic, Social and Cultural Rights: A Compilation of Essential Documents. Châtelaine/Geneva: International Commission of Jurists, 1997. 6