Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Last updated

States parties and signatories to the Optional Protocol to the ICESCR:
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
states parties
non-state parties signatories
non-state parties non-signatories ICESCR-OP members.svg
States parties and signatories to the Optional Protocol to the ICESCR:
  states parties
  non-state parties signatories
  non-state parties non-signatories

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, [1] and opened for signature on 24 September 2009. [2] As of February 2024, the Protocol has 46 signatories and 29 state parties. [3] It entered into force on 5 May 2013. [4]

Contents

Genesis

In 1966, the United Nations General Assembly adopted the International Covenant on Economic, Social and Cultural Rights. The Covenant obliged its parties to recognise and progressively implement economic, social, and cultural rights, including labour rights and right to health, right to education, and right to an adequate standard of living, but did not include any mechanism by which these obligations could be legally enforced.

Work on an individual complaints mechanism began in 1990, with a view to developing an Optional Protocol similar to those of other UN human rights instruments. [5] Development was encouraged by the 1993 World Conference on Human Rights, which recommended the Commission on Human Rights and CESCR to "continue examination of optional protocols" to the ICESCR. [6]

CESCR presented the first draft Optional Protocol in 1997. [5] In 2002, the committee established an open-ended working group to continue development. In 2006, the Human Rights Council gave the open-ended working group the task of formally negotiating a draft text. Negotiations were completed in April 2008, and the resulting Optional Protocol was formally adopted by the UN General Assembly on 10 December 2008. [1] It was opened for signature on 24 September 2009. [2]

Summary

The Optional Protocol establishes an individual complaints mechanism for the Covenant similar to those of the First Optional Protocol to the International Covenant on Civil and Political Rights, Optional Protocol to the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the competence of the Committee on Economic, Social and Cultural Rights to consider complaints from individuals or groups who claim their rights under the Covenant have been violated. [7] Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints referring to events which occurred before the country concerned joined the Optional Protocol are not permitted. [8] The committee can request information from and make recommendations to a party. [9] Parties may also opt to permit the committee to hear complaints from other parties, rather than just individuals. [10]

The Protocol also includes an inquiry mechanism. Parties may permit the committee to investigate, report on and make recommendations on "grave or systematic violations" of the Covenant. Parties may opt out of this obligation on signature or ratification. [11]

The Optional Protocol required ten ratifications to come into force. [4]

See also

Related Research Articles

<span class="mw-page-title-main">Human rights</span> Fundamental rights belonging to all humans

Human rights are moral principles or norms for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

<span class="mw-page-title-main">Convention on the Rights of the Child</span> International treaty about the rights of children

The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty.

<span class="mw-page-title-main">United Nations Convention Against Torture</span> International human rights instrument against torture and cruel or unusual punishment

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

<span class="mw-page-title-main">International Covenant on Economic, Social and Cultural Rights</span> Covenant adopted in 1966 by United Nations General Assembly resolution

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

<span class="mw-page-title-main">International Bill of Human Rights</span> UN General Assembly resolution

The International Bill of Human Rights was the name given to UN General Assembly Resolution 217 (III) and two international treaties established by the United Nations. It consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights. The two covenants entered into force in 1976, after a sufficient number of countries had ratified them.

The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations treaty body entrusted with overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is composed of 18 experts.

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Convention on the Rights of Persons with Disabilities</span> Treaty of the United Nations

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.

<span class="mw-page-title-main">Optional Protocol to the Convention on the Rights of Persons with Disabilities</span> 2006 treaty for a complaints mechanism

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. As of February 2024, it has 94 signatories and 106 state parties.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the Elimination of Discrimination against Women to hear complaints from individuals or inquire into "grave or systematic violations" of the convention. The Protocol has led to a number of decisions against member states on issues such as domestic violence, parental leave and forced sterilization, as well as an investigation into the systematic killing of women in the Mexican city of Ciudad Juárez, Chihuahua.

<span class="mw-page-title-main">First Optional Protocol to the International Covenant on Civil and Political Rights</span> 1966 United Nations treaty

The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states have denounced the protocol.

<span class="mw-page-title-main">Human rights in East Timor</span>

East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million, sharing the island of Timor with Indonesia's Nusa Tenggara province. During the 24 years of Indonesian occupation and after the 1999 independence referendum, pro Indonesian militias committed many human rights violations. The country gained independence in 2002, and free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor (UNMIT) and the International Stabilization Force remain in the country while it develops its own security forces, the National Police (PNTL) and Defence Forces (F-FDTL).

The right to adequate clothing, or the right to clothing, is recognized as a human right in various international human rights instruments; this, together with the right to food and the right to housing, are parts of the right to an adequate standard of living as recognized under Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to clothing is similarly recognized under Article 25 of the Universal Declaration of Human Rights (UDHR).

The 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights build on the 1987 Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. The guidelines were adopted by a group of over thirty experts who convened from 22–26 January 1997 in Maastricht on the occasion of the Limburg Principles' 10th anniversary. Three years later, the Maastricht Guidelines along with the Limburg Principles were reissued as UN document E/C.12/2000/13 by the Committee on Economic, Social and Cultural Rights (CESCR).

<span class="mw-page-title-main">International Convention on the Elimination of All Forms of Racial Discrimination</span> 1969 United Nations human rights instrument

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations.

The international human rights framework and domestic policy are the means by which the human rights of older people in New Zealand are protected. The key human rights issues facing older people in New Zealand encompass full participation within society, access to resources and a positive attitude to ageing.

References

  1. 1 2 ""Economic, social and cultural rights: legal entitlements rather than charity" say UN Human Rights Experts". United Nations. 10 December 2008. Retrieved 13 December 2008.
  2. 1 2 "UN urges States to adhere to new instrument to protect human rights". United Nations. 24 September 2009. Retrieved 27 September 2009.
  3. "Parties to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights". United Nations Treaty Collection. Retrieved 12 October 2016.
  4. 1 2 OP-ICESCR, Article 18.
  5. 1 2 "Open-ended Working Group on an Optional Protocol to the ICESCR". UN OHCHR. Archived from the original on 14 April 2009. Retrieved 13 July 2008.
  6. "Vienna Declaration and Programme of Action, Part II para 75". World Conference on Human Rights. 12 July 1993. Retrieved 13 August 2012.
  7. OP-ICESCR, Article 1.
  8. OP-ICESCR, Article 3.
  9. OP-ICESCR, Articles 6, 8 and 9.
  10. OP-ICESCR, Article 10.
  11. OP-ICESCR, Article 11.