Economic, Social and Cultural
Human Rights
Prof. Nico Schrijver
Grotius Centre for International Legal Studies, Universiteit Leiden and
member and vice-chair UN Committee on ESC Rights
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Human Rights
Three generations of human rights:
1. Civil and Political rights
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•
International Covenant on Civil and Political rights, 1966
European Convention on Human Rights and
Fundamental Freedoms, 1950
2. Economic, Social and Cultural Rights
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•
International Covenant on Economic, Social and Cultural
rights, 1966
European Social Charter, 1961
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African Charter of Human and Peoples’ Rights, 1981
Right to self-determination
3. Collective Rights of Peoples
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Holders of human rights
• Individual citizens
• Peoples
• National Minorities
• Humankind
• Non-governmental organizations (some
procedural rights only)
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Human person / citizen
• Development after WW II
(UN Charter, human rights treaties,
international criminal courts)
• Holder of human rights
• But also bearer of duties:
• Accountability for international crimes, such as crimes
against humanity, genocide, and war crimes
• New development: establishment of International
Criminal Court in 2002
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The International Labour
Organisation
• Background of the ILO
• Organizational structure
• ILO Conventions and
Recommendations
• The 1998 ILO Declaration
on Fundamental Labour
Norms
• Enforcement mechanisms
• Linking trade and labour
(ILO-WTO)
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Economic, Social and
Cultural Human Rights
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Overview
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•
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The International Covenant on
Economic, Social and Cultural Rights
The Committee on ESC rights
Three main working methods of the
Committee:
1. State reporting
2. General Comments
3. Formal complaints procedures
•
Additional mechanisms under the
Optional Protocol
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International Covenant on
Economic, Social and Cultural Rights
• Background
• “Second class” human rights?
• Indivisibility and interdependence of all
human rights
• Structure of the Covenant
• Establishment of the UN Committee in
1985
• Currently 160 State parties
• Towards a formal complaints procedure
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Examples of ESC rights
• Equal rights for men and women
(art. 3)
• The right to work (art. 6)
• The right to just conditions of
work (art. 7)
• The right to trade unions (art. 8)
• The right to social security (art. 9)
• Protection and assistance of the
family (art. 10)
• Right to an adequate standard of
living (art. 11)
• The right to health (art. 11)
• The right to education (art. 13)
• The right to culture and scientific
progress (art. 15)
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The Committee on ESC rights
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•
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Creation of the Committee by ECOSOC
Composition: 18 independent experts
What does the Committee do?
How do States report to the Committee?
The role of national human rights
institutions
• Can non-governmental organisations
address the Committee?
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Three main working
methods of the Committee
1. State reporting
2. General
Comments
3. Formal
complaints
procedure
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1. How do States report?
• Articles 16 and 17 of the
Covenant
• Once every five years
• National consultations
• Submission
• Pre-sessional working
groups
• Presentation of reports
• Concluding observations
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2. The function of General
Comments
• Generating interpretative clarity
• Authoritative interpretation
• Not legally binding
• General discussions in the
Committee
• Involvement of civil society
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Examples of General
Comments
• Reporting by State Parties
• Technical assistance
measures
• Nature of State parties
obligations
• Right to adequate housing
• Right to health
• Rights of elderly people
• Right to participate in
cultural life
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3. How to bring a case?
• The Optional Protocol of December 2008
• Signature, ratification and entry into force
• Who can bring a case?
• Exhaustion of local
• remedies
• What is the procedure?
• The powers of the
• Committee
• What kind of redress?
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Additional mechanisms
under the Optional Protocol
• Inter-State
complaints
procedure
• Inquiry on the
initiative of the
Committee
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Structural issues arising from reporting
Poverty: increasing inequality in nearly all States
Migration: treatment of aliens under stress in many societies
Gender issue
Human trafficking
Liberalisation public services: increasing problems of access
for citizens
- Cultural identity in an age of globalisation
-
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Siome examples of issues of concern in escreporting
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Lack of adequate statistics
Technical assistance for reporting
Position marginalised and vulnerable groups
Position trade unions
Youth and arranged marriages
School drop-outs: language and identity issues?
Malnutrition/ inadequate vaccinations
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