Statement by the International Commission of Jurists to the Open-Ended Working Group to Consider Options for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Madame Chair,

The ICJ welcomes this opportunity to discuss the rights contained in Part III of the Covenant.  By way of precursor to discussing these individual rights, the ICJ would like to make a general preliminary comment.  I will be brief, as we have only one point which we wish to place on the record. 

I wish to reiterate in the context of this discussion of Part II, our position, and that of the broadbased Coalition of NGOs advocating for the adoption of an Optional Protocol, that it is an absolute bare minimum requirement that any Optional Protocol must be comprehensive in scope and provide a forum for redress for individuals and groups for violations of all rights contained in the Covenant.  Thus we encourage states when addressing these rights article by article to keep in mind the Vienna Declaration Principles, particularly the indivisibility of all human rights. 

I would like to take this opportunity to remind states of the work that has been done in acknowledging and affirming these Vienna Declaration Principles by the Limburg Principles and the Maastricht Guidelines.  In the Maastricht Guidelines, the point was made that it is undisputed that all human rights are indivisible, interdependent, interrelated and of equal importance for human dignity.  This aspect of human dignity cannot be fragmented or reduced to a single right.

As the working group considers each right throughout the coming sessions, the ICJ hopes that states will continue to share their experiences of national and regional justiciability of these rights, so as to come to an understanding that a comprehensive approach is not only a reasonable, feasible option that merely reflects the advances already made at these national and regional levels, but that it constitutes the bare minimum that is required to guarantee the implementation of economic, social and cultural rights, to protect individuals, and to provide adequate redress for violations.  If the international community fails to adopt such an approach, it would be failing to reflect the overwhelming consensus states have expressed in this working group in reiterating support for the interdependence of all rights. 

Thank you Madame Chair.