Section 12: Resources on the OP
Additional resources can be found on the webpage of the NGO Coalition for an Optional Protocol to the ICESCR
Nordic Journal of Human Rights Vol. 27, No.1:2009
12.1 Committee on Economic, Social and Cultural Rights
http://www.jus.uio.no/smr/english/people/aca/malcolml/NTMR109-1.pdf
The CESCR Committee prepared a draft optional protocol in 1997 which has been referred to during discussions around the OP that have taken place since then:
The report of the Committee on a draft optional protocol E/CN.4/1997/105, annex
12.2 UN Commission on Human Rights
12.2.1. Commission Resolutions
The resolutions included in this section refer to the mandate of the open ended working group on the OP-ICESCR:
2003/18
2004/29
2005/22
12.2.2 Reports of the Independent Expert on the question of a draft optional protocol to the ICESCR
As mentioned in section one of this resource page, the appointment of the independent expert was one of the first steps taken in preparation of the establishment of an OEWG around the OP.
Independent Expert’s first study on an Optional Protocol (2002) E/CN.4/2002/57
Independent Expert's second study on an Optional Protocol (2003) E/CN.4/2003/53
Independent Expert's second study on an Optional Protocol – corrigendum (2003) E/CN.4/2003/53 Corr.1
12.2.3 information provided by Special Rapporteurs to the OEWG
Various UN Special Rapporteurs whose mandates are related to economic, social and cultural rights issues have provided input to the OEWG
Information provided by the Special Rapporteur on the Right to Education
Information provided by the Special Rapporteur on the Right to Food
12.3 Human Rights Council Resolutions
12.4 The Open Ended Working Group: Key Documents
Included in this section are some of the key documents that have emerged from the 2004 and 2005 sessions of the OEWG on the OP.
12.4.1 2004 Session
Note by the secretariat from the first session of the working group E/CN.4/2004/WG.23/CRP.1
12.4.2 2005 Session
Comparative summary of existing communications and inquiry procedures and practices under international human rights instruments and under the UN system Report of the Secretary-General E/CN.4/2005/WG.23/2
Statement by Ms. Louise Arbour - High Commissioner for Human Rights to the Second session of the OEWG
12.4.3 2006 Session
2006 Joint Submission by Non-Governmental Organisations, on behalf of the NGO Coalition
E/CN.4/2006/WG.23/2: Elements for an optional protocol to the ICESCR – Analytical paper by the Chairperson-Rapporteur
Statement by Ms. Louise Arbour - High Commissioner for Human Rights to the Third session of the OEWG
12.4.4 2007 Session
The First Draft Optional Protocol (A/HRC/6/WG.4/2)
Statement by Ms. Louise Arbour - High Commissioner for Human Rights to the Fourth session of the OEWG
This section contains statements and materials prepared by some national, regional and international NGOs as well as academic institutions that support the OP-ICESCR. If you want to include your organisation's statements and advocacy materials around the OP-ICESCR, please send them to us.
12.5.1 NGO Coalition for an OP-ICESCR
- 2004 Joint Submission by Non-Governmental Organisations, Human Rights Institutions and Civil Society Groups
- 2004 Statement by the NGO Coalition during the first session of OEWG
- 2005 Statements made by the NGO Coalition during the 2005 OEWG
- 2005 Statement to the Human Rights Commission
- 2008 Written Statement to the Human Rights Council
- 2008 Press Release Announcing the Human Rights Council Approval of the OP-ICESCR
- 2008 Statement Addressed to the UN General Assembly
- 2008 Press Release Announcing the Adoption of the OP-ICESCR by the UN General Assembly
12.5.2 Centre on Housing Rights and Evictions (COHRE)
- Opening Statement
- Statement on Options on the Complementarity of Complaint Mechanisms
- Statement on Options Regarding an Optional Protocol
- Statement on the Right to Social Security
- 50 Leading Cases on Economic, Social and Cultural Rights
- Adjudicating Economic, Social and Cultural Rights
12.5.3 FoodFirst Information and Action Network (FIAN)
- Intervention of FIAN on Options for the Optional Protocol
- FIAN Optional Protocol page
- Justiciability of Economic, Social and Cultural Rights in Right to Food Journal
12.5.4 International Commission of Jurists (ICJ)
- Fact Sheets
- Opening Statement
- Statement on Parts I & II of the Covenant
- Statement of Part III of the Covenant
- Closing Statement
- Report of the European Roundtable on Economic, Social and Cultural Rights, Hosted by the Government of Portugal and the International Commission of Jurists (2004)
- Report of the International Conference on Economic, Social and Cultural Rights, Hosted by the Republic of Croatia and the International Commission of Jurists (2003)
- Report of the Expert's Roundtable Concerning Issues Central to the Proposed Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, hosted by the International Commission of Jurists (2002)
- Report of the Roundtable on the Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, hosted by the International Commission of Jurists (2001)
12.5.5 International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific)
- 2003 Statement by IWRAW Asia Pacific to the Commission on Human Rights
- 2004 Statement by IWRAW Asia Pacific to the Commission on Human Rights
- 2004 Presentation by Tulika Srivastava, "ESCR: Emerging Challenges in Relation to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights"
- 2005 Statements by IWRAW Asia Pacific to the Open-Ended Working Group
12.5.6 Amnesty International
12.5.7 Center for Economic and Social Rights
12.5.8 CETIM
12.5.9 Institute for Human Rights, K.U.Leuven
12.5.10 International Federation for Human Rights (FIDH)
If your organization has not been included here, we invite you to share with us your work for the adoption of an OP-ICESCR.
12.6 Recommended References/Articles:
This article raises good points in favour of an OP-ICESCR:
Bruce Porter, The Right to be Heard: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. What's at Stake? Available at http://www.hri.ca/tribune/onlineissue/V11-3-2005/Optional_Protocol.html
Kitty Arambulo, Drafting an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: Can an Ideal Become a Reality?, 2 University of California Davis Journal of International Law and Policy 111 (1996)
This article raises points against an OP-ICESCR (written from the point of view of the U.S. Department of State)
Michael J. Dennis and David P. Stewart, Justiciability of Economic, Social and Cultural Rights: Should There be an International Complaints Mechanism to Adjudicate the Right to Food, Water, Housing and Health?, 98 American Journal of International Law 462 (2004)
This article is an excellent background on the Committee on Economic, Social and Cultural Rights:
Philip Alston, Out of the Abyss: The Challenges Confronting the New U.N. Committee on Economic, Social and Cultural Rights, 9 Human Rights Quarterly 332 (1987)
12.7 Governments' positions on the OP-ICESCR
In this section you will find the positions of several Governments on the Optional Protocol. Please share with us any additional information that you might have by sending an email to escr-just@yahoogroups.com.
You'll find the country position's of Canada, Chile, Croatia, Cuba, Mauritius, Norway, Sweden and USA attached at the bottom of this page.
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