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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ADOPTS TWO GENERAL COMMENTS RELATING TO INTERNATIONAL COVENANT
01 December 1998
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MORNING
HR/ESC/98/45
1 December 1998
Remarks Cover "Domestic Application" of Covenant and "Role of National Human Rights Institutions"
The Committee on Economic, Social and Cultural Rights adopted this morning two general comments, one on "the domestic application" of the Covenant whose implementation the panel monitors, and the second on "the role of national human rights institutions in the protection of economic, social and cultural rights".
The four-page document on domestic application notes, among other things, that in general, legally binding international human rights standards such as those set out in the International Covenant of Economic, Social and Cultural Rights should operate directly and immediately within the domestic legal system of each State party; that the existence and further development of international procedures for the pursuit of individual claims was important but they were ultimately only supplementary to effective national remedies; that means of implementation of the Covenant must be adequate to ensure fulfilment of the obligations under the treaty; that account must be taken of the means which had proven most effective in the country concerned for ensuring the protection of other human rights; and that while the Covenant did not formally oblige a State party to incorporate its provisions into domestic law, such an approach was certainly desirable.
The comment also remarks that the right to an effective remedy need not be interpreted as always requiring a judicial remedy -- that administrative remedy would, in many cases, be adequate and those living within the jurisdiction of a State party had a legitimate expectation that all administrative authorities would take account of the requirements of the Covenant in their decision-making. However, there were some obligations, such as those concerning non-discrimination, which seemed to require some form of judicial remedy.
The shorter general comment on the role of national human-rights institutions notes that one means through which important steps could be taken to realize the Covenant was through the work of national institutions, and that in recent years there had been a proliferation of such institutions; that in many cases the institutions had been established by the Government, enjoyed an important degree of autonomy from the executive and the legislature, took full account of international human-rights standards which were applicable to the country concerned, and were mandated to perform various activities designed to promote and protect human rights. The document adds, however, that unfortunately the role given to such institutions had too often either not been sufficiently substantial or had been neglected or given a low priority.
The comment suggests several activities and responsibilities that could be assigned to such institutions, including promotion of educational and information programmes; scrutinizing of existing laws and administrative acts; provision of technical advice; identification of national "benchmarks" against which realization of Covenant obligations could be measured; and the performance of research and inquiries.
The two general comments are the Committee's ninth and tenth on various articles and aspects of the Covenant. There are 137 States parties to the international treaty, and these nations provide periodic reports to the Committee on efforts to put the Covenant into effect.
The Committee will reconvene at 3 p.m. in private session.
HR/ESC/98/45
1 December 1998
Remarks Cover "Domestic Application" of Covenant and "Role of National Human Rights Institutions"
The Committee on Economic, Social and Cultural Rights adopted this morning two general comments, one on "the domestic application" of the Covenant whose implementation the panel monitors, and the second on "the role of national human rights institutions in the protection of economic, social and cultural rights".
The four-page document on domestic application notes, among other things, that in general, legally binding international human rights standards such as those set out in the International Covenant of Economic, Social and Cultural Rights should operate directly and immediately within the domestic legal system of each State party; that the existence and further development of international procedures for the pursuit of individual claims was important but they were ultimately only supplementary to effective national remedies; that means of implementation of the Covenant must be adequate to ensure fulfilment of the obligations under the treaty; that account must be taken of the means which had proven most effective in the country concerned for ensuring the protection of other human rights; and that while the Covenant did not formally oblige a State party to incorporate its provisions into domestic law, such an approach was certainly desirable.
The comment also remarks that the right to an effective remedy need not be interpreted as always requiring a judicial remedy -- that administrative remedy would, in many cases, be adequate and those living within the jurisdiction of a State party had a legitimate expectation that all administrative authorities would take account of the requirements of the Covenant in their decision-making. However, there were some obligations, such as those concerning non-discrimination, which seemed to require some form of judicial remedy.
The shorter general comment on the role of national human-rights institutions notes that one means through which important steps could be taken to realize the Covenant was through the work of national institutions, and that in recent years there had been a proliferation of such institutions; that in many cases the institutions had been established by the Government, enjoyed an important degree of autonomy from the executive and the legislature, took full account of international human-rights standards which were applicable to the country concerned, and were mandated to perform various activities designed to promote and protect human rights. The document adds, however, that unfortunately the role given to such institutions had too often either not been sufficiently substantial or had been neglected or given a low priority.
The comment suggests several activities and responsibilities that could be assigned to such institutions, including promotion of educational and information programmes; scrutinizing of existing laws and administrative acts; provision of technical advice; identification of national "benchmarks" against which realization of Covenant obligations could be measured; and the performance of research and inquiries.
The two general comments are the Committee's ninth and tenth on various articles and aspects of the Covenant. There are 137 States parties to the international treaty, and these nations provide periodic reports to the Committee on efforts to put the Covenant into effect.
The Committee will reconvene at 3 p.m. in private session.