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The case for a
protocol to the ICESCR ! Editions du CETIM,
40 pages.
Part of a series of the Human Rights
Programme of the CETIM 2006 |
ISBN ISBN: 2-88053-044-X |
Price: - CHF | - € |
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In paragraph 3 of the common preamble to the two
International Conventions of Human Rights – the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights – the states
parties acknowledge, in accordance with the Universal Declaration of
Human Rights, that: “the ideal of free human beings enjoying
freedom from fear and want can only be achieved if conditions are
created whereby everyone may enjoy his economic, social and
cultural rights, as well as his civil and political rights”. In
order to know how this requirement is put into practice, it is
necessary to have a monitoring and enforcement mechanism. For the
past thirty years, the International Covenant on Political and Civil
Rights has had a complaint procedure that has allowed for the
development of ample case law on the subject. This procedure was
established by what is called a “protocol”. However,
there is still no such procedure for the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Within the United
Nations, the debate regarding the necessity of such a procedure has
been going on for over fifteen years. An optional protocol to the
Covenant has been drafted by the Committee on Economic, Social and
Cultural Rights and has been submitted for consideration to the
Commission on Human Rights. The CETIM has long been militating
for the creation of such a mechanism. This brochure discusses
its utility and provides information on the progress of negotiations
on this question within the various United Nations bodies. Thus,
after a brief definition of several terms (I), and a presentation of
the what is at stake (II), the brochure will present the current
situation of the draft within the Commission on Human Rights (III) –
where there has been a general refusal to open discussion on the
draft – before moving on to a commentary on the draft by the CETIM
(IV).
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