Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Subtitle:
Resource Page
This section of our website includes information on current efforts to promote the drafting of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). It aims to provide information to NGOs working at the national level who wish to contribute to the process. Below you will find an outline of the Resource Page and topics covered. In addition you will find an overview of the momentum that has gathered in support of the OP and the current campaign that is underway and ways that you can join. We encourage you to get involved. It is a timely opportunity to contribute to the development of stronger standards and mechanisms for the realisation of economic, social and cultural rights. Let's make a difference together! If you would like to receive & share information on the OP-ICESCR, we invite you to subscribe to our e-mail Discussion Group on Adjudication of Economic, Social and Cultural Rights (to join: Adjudication of Economic, Social and Cultural Rights)
Developed by: Magdalena Sepúlveda and María Herminia Graterol
As will be indicated some of the sections of the resource page were taken from the website of International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific) and from material prepared by the NGO Coalition for an OP-ICESCR.
Contents of the Resource Page
Section 1: History of the OP-ICESCR process
Section 2: Improving Supervision of the ICESCR: an Optional ProtocolWhat is an Optional Protocol?Why an OP-ICESCR?
Section 3: What procedures should be included under an OP-ICESR?What is a communications procedure? What is an Inquiry Procedure? What is the Inter-State Complaint Mechanism?
Section 4: What rights of the ICESCR would be protected by the OP-ICESCR Procedures?
Section 5: Background Information on the ICESCR
Overview of the Rights Recognized in the ICESCRStates Parties to the ICESCR
The Committee on Economic, Social and Cultural Rights
Overview of the Reporting Process
General Comments
Section 6: Benefits of an OP-ICESCR
Section 7: Lobbying Governments to Support the Drafting and Adoption of an OP-ICESCR
Some reasons governments should support the OP-ICESCR Section 8: Challenging Misconceptions around the OP-ICESCR Section 9: Open-ended Working Group on an optional protocol to the International Covenant on Economic, Social and Cultural Rights (OEWG)Information on previous meetings of the Open-Ended Working GroupThe first session of the OEWGThe second session of the OEWG Section 10: Call for ActionMore ideas for actionImportant actions already taken Call for input: please give us your ideas and feedbackSection 11: Upcoming Activities: Dates to keep in mind Section 12: Resources on the OPCommittee on Economic, Social and Cultural RightsUN Commission on Human RightsOEWG documentsCivil Society Section 13: Links There is momentum towards the Adoption of an Optional Protocol to the ICESCR The question of adopting an Optional Protocol to the ICESCR, providing for a system of individual and group complaints, has been under consideration by the international community for years. The Committee on Economic, Social and Cultural Rights, body of independent experts in charge of monitoring the compliance of the obligations established by the ICESCR (the Committee), strongly supported by civil society groups, initiated discussions on the adoption of an Optional Protocol to the ICESCR in 1990. However, from the outset, opposition has been strong and as the process continues, more participation of national level NGOs is needed. One of the challenges ahead is to ensure the international community acknowledges the urgency and the importance of mechanisms for the protection of economic, social and cultural rights. The majority of UN human rights treaties have optional protocols that have enabled specific human rights Committees to receive individual complaint mechanisms and, in some instances, conduct investigations: The International Covenant on Civil and Political Rights (ICCPR) has two optional protocols, the first which enables individual complaints to be brought to the Human Rights Committee, while the second deals with the death penalty; The Convention against Torture (CAT) and the Convention on the Elimination of All Forms of Racial Discrimination (CERD) have articles enabling individual communications. In fact, CAT also has an inquiries procedure that enables its Committee to investigate gross and systematic violations of rights under that convention; In recent years, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) came into force and it establishes an individual complaints and an inquiry procedure. An Optional Protocol to the ICESCR would place the ICESCR at the same level of other international human rights instruments and would strengthen efforts to hold States accountable for violations of economic, social and cultural rights. That is why, it is important to actively engage with States in order to gain more support for an Optional Protocol. We need to take action NOW! In 2003, the Commission on Human Rights established an "Open-ended Working Group on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights" (OEWG). The current mandate of the working group is to consider options for the elaboration to an Optional Protocol to the OP-ICESCR. However, after two years of debate, the OEWG has not initiated substantive work on key elements of a future Optional Protocol and opposition to the OP-ICESCR may lead to discontinuation of the Working Group in the 2006 session of the Commission on Human Rights. If this happens, it will be a dramatic step backwards in the protection of economic, social and cultural rights and it would harm the progress made in term of their justiciability at the international level. The next big challenge for supporters of an OP-ICESCR will be the 2006 session of the Commission on Human Rights. During this session, the Commission should be required not only to renew the mandate of the Working Group but more importantly to change its mandate in order to allow the Working Group to begin the drafting of an OP-ICESCR. If an effective mandate is given to the Working Group in 2006, it will be possible for it to draft the Optional Protocol within a relative short timeframe (4 or 5 years). Then the Optional Protocol would be adopted by the UN General Assembly, and subsequently opened for signature, ratification, and accession by Member States. Therefore, in the event that everything goes well in the 2006 Commission on Human Rights (a scenario that it is difficult to achieve now facing the weak support received to the OP-ICESCR in last two sessions of the WG) we could have an Optional Protocol open to signature in approximately the year 2011. Nonetheless, success during the 2006 session of the OEWG can only be guaranteed through extensive work over the course of the coming months preceding the session.
Developed by: Magdalena Sepúlveda and María Herminia Graterol
As will be indicated some of the sections of the resource page were taken from the website of International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific) and from material prepared by the NGO Coalition for an OP-ICESCR.
Contents of the Resource Page
Section 1: History of the OP-ICESCR process
Section 2: Improving Supervision of the ICESCR: an Optional ProtocolWhat is an Optional Protocol?Why an OP-ICESCR?
Section 3: What procedures should be included under an OP-ICESR?What is a communications procedure? What is an Inquiry Procedure? What is the Inter-State Complaint Mechanism?
Section 4: What rights of the ICESCR would be protected by the OP-ICESCR Procedures?
Section 5: Background Information on the ICESCR
Overview of the Rights Recognized in the ICESCRStates Parties to the ICESCR
The Committee on Economic, Social and Cultural Rights
Overview of the Reporting Process
General Comments
Section 6: Benefits of an OP-ICESCR
Section 7: Lobbying Governments to Support the Drafting and Adoption of an OP-ICESCR
Some reasons governments should support the OP-ICESCR Section 8: Challenging Misconceptions around the OP-ICESCR Section 9: Open-ended Working Group on an optional protocol to the International Covenant on Economic, Social and Cultural Rights (OEWG)Information on previous meetings of the Open-Ended Working GroupThe first session of the OEWGThe second session of the OEWG Section 10: Call for ActionMore ideas for actionImportant actions already taken Call for input: please give us your ideas and feedbackSection 11: Upcoming Activities: Dates to keep in mind Section 12: Resources on the OPCommittee on Economic, Social and Cultural RightsUN Commission on Human RightsOEWG documentsCivil Society Section 13: Links There is momentum towards the Adoption of an Optional Protocol to the ICESCR The question of adopting an Optional Protocol to the ICESCR, providing for a system of individual and group complaints, has been under consideration by the international community for years. The Committee on Economic, Social and Cultural Rights, body of independent experts in charge of monitoring the compliance of the obligations established by the ICESCR (the Committee), strongly supported by civil society groups, initiated discussions on the adoption of an Optional Protocol to the ICESCR in 1990. However, from the outset, opposition has been strong and as the process continues, more participation of national level NGOs is needed. One of the challenges ahead is to ensure the international community acknowledges the urgency and the importance of mechanisms for the protection of economic, social and cultural rights. The majority of UN human rights treaties have optional protocols that have enabled specific human rights Committees to receive individual complaint mechanisms and, in some instances, conduct investigations: The International Covenant on Civil and Political Rights (ICCPR) has two optional protocols, the first which enables individual complaints to be brought to the Human Rights Committee, while the second deals with the death penalty; The Convention against Torture (CAT) and the Convention on the Elimination of All Forms of Racial Discrimination (CERD) have articles enabling individual communications. In fact, CAT also has an inquiries procedure that enables its Committee to investigate gross and systematic violations of rights under that convention; In recent years, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) came into force and it establishes an individual complaints and an inquiry procedure. An Optional Protocol to the ICESCR would place the ICESCR at the same level of other international human rights instruments and would strengthen efforts to hold States accountable for violations of economic, social and cultural rights. That is why, it is important to actively engage with States in order to gain more support for an Optional Protocol. We need to take action NOW! In 2003, the Commission on Human Rights established an "Open-ended Working Group on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights" (OEWG). The current mandate of the working group is to consider options for the elaboration to an Optional Protocol to the OP-ICESCR. However, after two years of debate, the OEWG has not initiated substantive work on key elements of a future Optional Protocol and opposition to the OP-ICESCR may lead to discontinuation of the Working Group in the 2006 session of the Commission on Human Rights. If this happens, it will be a dramatic step backwards in the protection of economic, social and cultural rights and it would harm the progress made in term of their justiciability at the international level. The next big challenge for supporters of an OP-ICESCR will be the 2006 session of the Commission on Human Rights. During this session, the Commission should be required not only to renew the mandate of the Working Group but more importantly to change its mandate in order to allow the Working Group to begin the drafting of an OP-ICESCR. If an effective mandate is given to the Working Group in 2006, it will be possible for it to draft the Optional Protocol within a relative short timeframe (4 or 5 years). Then the Optional Protocol would be adopted by the UN General Assembly, and subsequently opened for signature, ratification, and accession by Member States. Therefore, in the event that everything goes well in the 2006 Commission on Human Rights (a scenario that it is difficult to achieve now facing the weak support received to the OP-ICESCR in last two sessions of the WG) we could have an Optional Protocol open to signature in approximately the year 2011. Nonetheless, success during the 2006 session of the OEWG can only be guaranteed through extensive work over the course of the coming months preceding the session.
URL: