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COUNTRIES STILL GIVING LOWER PRIORITY TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS, HIGH COMMISSIONER SAYS
26 July 2006
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26 July 2006
The legal protection countries give economic, social and cultural rights is considerably weaker than in the case of other rights and should be strengthened, the United Nations High Commissioner for Human Rights says in a report presented to the Economic and Social Council at its current session.
According to Louise Arbour, this situation persists despite constant reaffirmation of the interdependence of all human rights. She also stresses that to reduce economic, social and cultural rights to mere policy objectives or moral commitments rather than legally binding obligations would deny their status as human rights and reduce the likelihood of their realization. The High Commissioner recalls that in its contribution to the 1993 Vienna World Conference on Human, the Committee on Economic, Social and Cultural Rights stated that “States and the international community as a whole continue to tolerate all too often breaches of economic, social and cultural rights which, if they occurred in relation to civil and political rights, would provoke expressions of horror and outrage and would lead to concerted calls for immediate remedial action”.
“This still holds true today”, she writes.
Another reason focused attention should be given to the legal protection of economic, social and cultural rights, the High Commissioner continues, is that there is increasing evidence that it works. Case law from all regions of the world shows that legal protection can be an effective means of protecting economic, social and cultural rights, she says.
The report aims to clarify the main forms of legal protection and how judicial, quasi-judicial and administrative remedies can play an important role in providing redress for individuals whose rights have been violated and in stimulating greater understanding of and respect for economic, social and cultural rights.
As the report points out, legal protection requires, as a first step, the recognition of economic, social and cultural rights in domestic law, for example by incorporating relevant international human rights treaties into the domestic legal order or recognizing economic, social and cultural rights in the national constitution and legislation. A majority of States today recognize various economic, social and cultural rights as legal rights.
A second step is the provision of remedies. The courts, administrative tribunals, quasi-judicial mechanisms such as national human rights institutions or regional and international treaty bodies, all play an important role in providing legal remedies in the case of breaches of economic, social and cultural rights.
The High Commissioner also draws attention to how the drafting of an optional protocol to the International Covenant on Economic, Social and Cultural Rights could stimulate strengthened legal protection of economic, social and cultural rights. An optional protocol, providing for a complaints mechanism similar to existing mechanisms under the International Covenant of Civil and Political Rights and other human rights treaties, would enhance the ability of the Committee on Economic, Social and Cultural to assist States in their realization of economic, social and cultural rights.
The legal protection countries give economic, social and cultural rights is considerably weaker than in the case of other rights and should be strengthened, the United Nations High Commissioner for Human Rights says in a report presented to the Economic and Social Council at its current session.
According to Louise Arbour, this situation persists despite constant reaffirmation of the interdependence of all human rights. She also stresses that to reduce economic, social and cultural rights to mere policy objectives or moral commitments rather than legally binding obligations would deny their status as human rights and reduce the likelihood of their realization. The High Commissioner recalls that in its contribution to the 1993 Vienna World Conference on Human, the Committee on Economic, Social and Cultural Rights stated that “States and the international community as a whole continue to tolerate all too often breaches of economic, social and cultural rights which, if they occurred in relation to civil and political rights, would provoke expressions of horror and outrage and would lead to concerted calls for immediate remedial action”.
“This still holds true today”, she writes.
Another reason focused attention should be given to the legal protection of economic, social and cultural rights, the High Commissioner continues, is that there is increasing evidence that it works. Case law from all regions of the world shows that legal protection can be an effective means of protecting economic, social and cultural rights, she says.
The report aims to clarify the main forms of legal protection and how judicial, quasi-judicial and administrative remedies can play an important role in providing redress for individuals whose rights have been violated and in stimulating greater understanding of and respect for economic, social and cultural rights.
As the report points out, legal protection requires, as a first step, the recognition of economic, social and cultural rights in domestic law, for example by incorporating relevant international human rights treaties into the domestic legal order or recognizing economic, social and cultural rights in the national constitution and legislation. A majority of States today recognize various economic, social and cultural rights as legal rights.
A second step is the provision of remedies. The courts, administrative tribunals, quasi-judicial mechanisms such as national human rights institutions or regional and international treaty bodies, all play an important role in providing legal remedies in the case of breaches of economic, social and cultural rights.
The High Commissioner also draws attention to how the drafting of an optional protocol to the International Covenant on Economic, Social and Cultural Rights could stimulate strengthened legal protection of economic, social and cultural rights. An optional protocol, providing for a complaints mechanism similar to existing mechanisms under the International Covenant of Civil and Political Rights and other human rights treaties, would enhance the ability of the Committee on Economic, Social and Cultural to assist States in their realization of economic, social and cultural rights.