COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-THIRD SESSION

26 November 2004


Issues Concluding Observations on Reports of Malta, Denmark,
Italy, Azerbaijan and Chile


The Committee on Economic, Social and Cultural Rights concluded today its three-week winter session by adopting its concluding observations on the reports of Malta, Denmark, Italy, Azerbaijan and Chile which were considered during the session.

The five countries are among the 150 States parties to the International Covenant on Economic, Social and Cultural Rights which are required to submit periodic reports to the Committee on efforts to implement the provisions of the treaty, which entered into force in 1976.

Among the positive developments in the initial report of Malta, the Committee noted with appreciation the overall high level of protection afforded to economic, social and cultural rights in the State party and its continuing efforts to improve the protection of those rights. The Committee regretted that the Covenant had not been incorporated into domestic law and therefore could not be directly invoked before domestic courts. Among its recommendations, the Committee urged the State party to raise public awareness about gender equality; and to continue and strengthen efforts to promote the integration of persons with disabilities into the labour market.

With regard to the fourth periodic report of Denmark, the Committee noted with appreciation the State party’s continuing efforts to comply with its obligations under the Covenant and the overall protection afforded to economic, social and cultural rights in country. It was concerned that the rise in the number of immigrants and refugees arriving in Denmark over the last years had been met with increased negative and hostile attitudes towards foreigners. It recommended, among other things, that the State party closely monitor the incidence of, and combat racism and xenophobia, and that it continue to promote intercultural understanding and tolerance among all groups in society.

The Committee labelled as positive in the fourth periodic report of Italy the measures taken by the State party to combat the phenomenon of trafficking in persons; the State party's efforts to reduce unemployment; and the regularization of 700,000 migrant workers. The Committee was concerned that the State party still considered some economic, social and cultural rights, including the right to housing, not justiciable since they entailed financial burdens upon the State. It recommended, among other things, that the State party intensify efforts to combat domestic violence, especially against women; and that it take the necessary corrective measures to combat discrimination in the housing sector against the disadvantaged and marginalized groups, particularly immigrants and the Roma people.

On the second periodic report of Azerbaijan, the Committee found as positive developments the efforts taken by the State party to combat economic crime and corruption in the country. However, it was concerned about the lack of independence of the judiciary and the persistence and the extent of corruption in the country; and about the persistent de facto discrimination against foreigners, ethnic minorities and stateless persons in the fields of housing, employment and education. Among other things, it recommended that State party ensure that legal and judicial training take full account of the justiciability of the rights contained in the Covenant; and that it conduct a study on the incidence of sexually transmissible diseases and HIV/AIDS in the country.

And on the third periodic report of Chile, the Committee said it appreciated the improvements in various social indicators, such as the significant decrease in infant and maternal mortality, the improved coverage in primary and secondary education, and the progress made in the area of poverty reduction. It was concerned about the lack of constitutional recognition of indigenous peoples; and the increase in HIV/AIDS incidents. It recommended, among other things, that the State party continue its efforts to give full effect to the Covenant in domestic law and that it provide further clarification as to the direct applicability of the Covenant by domestic courts.

Also during the session, the Committee began to consider a draft General Comment on the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which a person is the author. The discussion, which focuses on article 15.1 c of the Covenant, follows the day of general discussion which the Committee held with the World Intellectual Property Organization (WIPO), non-governmental organizations and academics during its session in November 2001. Committee Members examined the document presented to them by Committee Expert Eibe Reidel, who prepared the draft comment and amendments to it.

The next session of the Committee will take place from 25 April to 13 May 2005 in Geneva during which the Committee is expected to consider reports from Zambia, China, Serbia and Montenegro and Norway.

Concluding Observations on the Initial Report of Malta

Among the positive developments in the report of Malta, the Committee noted with appreciation the overall high level of protection afforded to economic, social and cultural rights in the State party and its continuing efforts to improve the protection of those rights. Among other things, it welcomed the elaboration of a number of national action plans, such as the National Action Plan for Employment and the National Action Plan for Social Inclusion, aiming at improving the protection of economic, social and cultural rights; the Act to Promote Equality between Men and Women of 2003; and the establishment in 1995 of the Office of the Ombudsman.

Among the principal concerns, the Committee regretted that the Covenant had not been incorporated into domestic law and therefore could not be directly invoked before the domestic courts. It was concerned that persistent cultural stereotypes of the role of women negatively affected the equal enjoyment of rights between men and women. It was also concerned about the trend of rising youth unemployment rates and the rise in long-term unemployment; about the high number of industrial accidents in the State party; and that participation of women in the labour market remained very low. While noting that various forms of assistance were provided to victims of domestic violence, the Committee was concerned that domestic violence was currently not defined in law as a specific crime, which made it difficult for victims of violence to claim their rights.

The Committee, in its conclusions, recommended, among other things, that the State party reconsider the matter of incorporation of the Covenant into domestic law; raise public awareness about gender equality; continue and strengthen efforts to promote the integration of persons with disabilities into the labour market; strengthen measures taken to prevent accidents in the workplace; review the legislation on industrial labour disputes with a view to removing the compulsory arbitration procedure in conformity with the observations made by ILO Committee of Experts in 2002; expedite the planned revision of the Civil Code so as to abolish the terminology of "legitimate" and "illegitimate" children and ensure equality in enjoyment of rights between born in and out of wedlock; and to consider an explicit prohibition on corporal punishment within the family.

Concluding Observations on the Fourth Periodic Report of Denmark

Among the positive developments in the report of Denmark, the Committee noted with appreciation the State party’s continuing efforts to comply with its obligations under the Covenant and the overall protection afforded to economic, social and cultural rights in country. It also noted with appreciation Denmark’s commitment to Official Development Aid (ODA) and its level of contributions, which stood at 0.85 per cent of GDP (2004); the existing legislative and administrative measures taken to combat acts of racism and xenophobia in the State party; the efforts taken to strengthen the promotion of gender equality; the adoption, in March 2003, of the law on combating child pornography, sexual exploitation of children and sale of children; the measures taken to combat the phenomenon of trafficking in persons; and the reduction in the number of smokers, owing to the sustained campaign undertaken by the State party to promote a healthy lifestyle, including awareness-raising on the negative effects of smoking.

The Committee was concerned that the rise in the number of immigrants and refugees arriving in Denmark over the last years had been met with increased negative and hostile attitudes towards foreigners; about the level of long-term unemployment, affecting men aged 55 to 59, and the high rate of unemployment among immigrants, refugees, new college graduates and women; about reports of cases of ill-treatment, particularly of migrant women, at the hands of their spouses or partners; about problems of child pornography, sexual exploitation of children, and trafficking in women and children; about the lack of constitutional or other legislative provisions in the State party guaranteeing the right to housing; about the difficulties faced by disadvantaged and marginalized groups, in particular immigrants, in renting or obtaining public housing owing to discriminatory practices; and about the increase in homelessness among the immigrant population..

Among its suggestions and recommendations, the Committee welcomed the newly established mechanism within the Danish Institute for Human Rights to receive complaints from individuals. It recommended that the State party closely monitor the incidence of, and combat racism and xenophobia, and that it continue to promote intercultural understanding and tolerance among all groups in society; adopt effective measures to ensure equality between men and women; continue strengthening programmes to reduce unemployment; take appropriate measures to either repeal or amend the so-called 24-year rule of the 2002 Aliens Act, in line with its obligation to guarantee the enjoyment of the right to family life to all persons in Denmark without distinction; take effective measures to ensure that victims of domestic violence receive appropriate rehabilitational care and support; continue and strengthen efforts to address the problem of trafficking in persons, especially women and children; and strengthen efforts to combat poverty and social exclusion and to develop a mechanism for measuring the poverty level and to monitor it closely.


Concluding Observations on the Fourth Periodic Report of Italy

With regard to the report of Italy, the Committee welcomed, among other things, the measures taken by the State party to combat the phenomenon of trafficking in persons; the State party's efforts to reduce unemployment; the regularization of 700,000 migrant workers; the steady decrease in child mortality rate; and the pro-active participation of civil society in monitoring the implementation of the Covenant.

The Committee said it was concerned that the State party still considered some economic, social and cultural rights, including the right to housing, not justiciable since they entailed financial burdens upon the State. It expressed concern at the lack of an independent national human rights institution; about the excessive length of time taken by the authorities to renew residence permits in the State party which might restrict, inter alia, freedom of movement and access to social services by migrant workers and their families; at the continued existence of a large scale informal economy; about the plight of Roma immigrants living in camps characterized by poor housing, unhygienic sanitary conditions, limited employment prospects and inadequate educational facilities for their children; about the persistent regional inequalities and the considerable levels of poverty; about the lack of comprehensive legislation on asylum seekers in the State party; and about the continuing increase in rents, the privatization of houses and the scarcity of adequate social housing units for low-income families.

Among its recommendations, the Committee urged the State party to provide appropriate training to the judiciary, prosecutors and other officials responsible for the implementation of economic, social and cultural rights enshrined in the Covenant to ensure that those rights were consistently enforced in courts of law. It recommended that the State party continue its activities in the area of international cooperation and increase its official development assistance to 0.7 per cent of its GDP; that it effectively implement legislation and programmes adopted against racism and discrimination; undertake measures to expedite the process of residence permit renewals of migrant workers so as to enable them to enjoy their economic, social and cultural rights; increase its efforts to effectively regularize the informal labour sector; take appropriate measures to adopt comprehensive legislation on asylum seekers and ensure that their economic, social and cultural rights were duly taken into account; intensify efforts to combat domestic violence, especially against women; and take the necessary corrective measures to combat discrimination in the housing sector against the disadvantaged and marginalized groups, particularly immigrants and the Roma people.

Concluding Observations on Second Periodic Report of Azerbaijan

In the report of Azerbaijan, the Committee found as positive developments the efforts taken by the State party to combat economic crime and corruption in the country. It noted with appreciation the adoption of the State Programme on Protection of Human Rights in June 1998; the adoption of the law on the rights of the child and the ratification of the ILO Convention No. 182 on the worst forms of child labour; and the adoption of the law on the Protection of Samples of Folklore in May 2003. Among factors and difficulties affecting the implementation of the Covenant, the Committee noted that the presence of a large number of refugees and internally displaced persons as a result of the conflict with Armenia continued to seriously hamper the State party’s ability to implement the economic, social and cultural rights contained in the Covenant.

The Committee was concerned about the lack of independence of the judiciary and the persistence and the extent of corruption in the country; about the persistence of de facto discrimination against foreigners, ethnic minorities and stateless persons in the fields of housing, employment and education; about the persistent gender inequalities in the country; the lack of legislation ensuring access of persons with disabilities to the labour market; the current minimum wage which was still insufficient to provide a decent standard of living for workers and their families; reports of children who were adopted from orphanages for the purpose of trafficking in organs; and the high incidence of malnutrition, infant mortality and malaria among refugees and internally displaced persons.

In its suggestions and recommendations, the Committee urged the State party, among other things, to ensure that legal and judicial training take full account of the justiciability of the rights contained in the Covenant; to continue to take all necessary measures to ensure the independence and the integrity of the judiciary; ensure that all persons under the State party’s jurisdiction enjoyed economic, social and cultural rights enshrined in the Covenant; adopt all effective measures to ensure equality between men and women; abolish the use of forced labour either as a corrective measure or as a penal sentence against persons found guilty of a crime; undertake measures to ensure that social security benefits were adequate; adopt legislation specifically criminalizing the trafficking of human beings; integrate economic, social and cultural rights in its poverty reduction policies and measures; continue its efforts to improve its health services; and conduct a study on the incidence of sexually transmissible diseases and HIV/AIDS in the country.

Concluding Observations on the Third Periodic Report of Chile

Among the positive developments in the report of Chile, the Committee noted with appreciation the improvements in various social indicators, such as the significant decrease in infant and maternal mortality, the improved coverage in primary and secondary education, and the progress made in the area of poverty reduction. It welcomed the “No tomorrow without yesterday” initiative, which contributed to cast light on human rights violations that took place between 11 September 1973 and 10 March 1990 and to improve the promotion and protection of human rights in the country. The Committee also welcomed the measures taken to improve the situation of indigenous peoples; and the entry into force in November 2004 of the new Law on Civil Marriage.
The Committee said it was concerned that some economic, social and cultural rights, including the right to housing, were not considered justiciable in the State party. It also expressed concern about the lack of constitutional recognition of indigenous peoples; the application of special laws, such as the Law of State Security (No. 12.927) and the anti-terrorism law (No. 18.314), in the context of the current tensions over the ancestral lands in the Mapuche areas; information that the minimum wage was still not sufficient to ensure a decent living for workers and their families; the fact that the private pension system, based on individual contributions, did not guarantee adequate social security for a large segment of the population; the high number of children (about 10,000) working in the sex industry; poverty in the State party, especially among indigenous peoples; the large number of people living in illegal settlements, who were, consequently, liable to forced evictions; the consequences for women’s health of the legal prohibition on abortion, without exceptions; the fact that HIV/AIDS was still on the increase; and at the disparity in the quality of education offered in municipal and private schools.

Among other things, the Committee recommended that the State party continue its efforts to give full effect to the Covenant in domestic law and to provide further clarification as to the direct applicability of the Covenant by domestic courts. It encouraged the State party to continue with its plans to establish an independent national human rights institution; include recognition of its indigenous peoples in the Constitution, ratify ILO Convention No. 169, and continue to strengthen its efforts to ensure the effective enjoyment by indigenous people of their economic, social and cultural rights; further strengthen efforts to promote gender equality in all spheres of society; take effective measure to address the many barriers to women’s participation in the labour market; accelerate the adoption of the draft bill making sexual harassment a punishable offence; combat sexual abuse and commercial sexual exploitation of children; continue and strengthen its efforts to reduce poverty, especially among indigenous peoples, and to integrate economic, social and cultural rights in all its poverty alleviation programmes; take effective measures to promote the right to housing, especially among the disadvantaged and marginalized groups; strengthen measures to promote education programmes on sexual and reproductive health and to raise awareness about and access to safe contraception methods; and continue to strengthen efforts to improve the quality of education in municipal schools.

Committee on Economic, Social and Cultural Rights

The Committee is composed of the following Experts: Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Chokila Iyer (India), Azzouz Kerdoun (Algeria), Yuri Kolosov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Riedel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), and Alvaro Tirado Mejia (Colombia).

Ms. Bonoan-Dandan is Chairperson. Vice-Chairpersons are Mr. Marchand Romero, Mr. Riedel and Mr. Kerdoun. The Rapporteur is Mr. Ceausu.