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Statements Office of the High Commissioner for Human Rights

Statement by Ivan Šimonović, Assistant Secretary-General for Human Rights, at the special event on Realization of Economic, Social and Cultural Rights in the implementation of the 2030 Agenda for Sustainable Development, New York, 13 July 2016

Realization of Economic, Social and Cultural Rights in the 2030 Agenda for Sustainable Development

13 July 2016

Dear Excellencies,
Distinguished Delegates,
Colleagues,
Ladies and Gentlemen,

It is my pleasure to warmly welcome you to this special event today. This year, we are celebrating the 50th anniversary of the International Covenant on Economic, Social and Cultural Rights, and of the International Covenant on Civil and Political Rights. We are also celebrating the 3rd anniversary of the entry into force of the Optional Protocol to the ICESCR.

More than sixty years ago, the Universal Declaration of Human Rights promised universality, indivisibility and equal value of all human rights for all people. Its drafters wisely chose not to rank the rights. On the contrary, they recognized that political and civil rights go hand in hand with economic, social and cultural rights.

Yet, for far too long, economic, social and cultural rights were not given the same attention and status in law. As a result, these rights were lagging behind on means and resources for their promotion and protection. But we are gradually overcoming this initial deficit. A qualified pool of stakeholders - including member States, UN treaty bodies and special procedures, UN agencies, civil society organizations, academic institutions and NHRIs, among others – have helped put economic, social and cultural rights on par with the other human rights. Many of these stakeholders are present here today, and I want to welcome their work and efforts.

So where has our journey taken us? Let me highlight three important landmarks.

Firstly, we today have greater clarity on obligations regarding economic, social and cultural rights.

This is much thanks to the Committee on Economic, Social and Cultural Rights and a number of special procedures mandates. They have developed both the scope of the general obligations, as well as the specific content of practically every right included in the Covenant. Civil society organizations and academic institutions played an active role in this regard. Substantive contributions also came from specialized UN agencies, such as FAO, ILO, UNESCO, UN-Habitat and FAO.

More than ever, as it is turning 50, the Covenant on Economic,

Social and Cultural Rights is a young and living instrument which has allowed for a number of recent developments. It has helped clarify the content of the rights of older persons, the rights to water and to sanitation, the right to take part in cultural life, the right to sexual and reproductive health and the right to just and favourable conditions of work. It guides us with regard to the scope of extraterritorial State obligations, the responsibility of the corporate sector, and the standards applicable to austerity measures adopted by State parties.

A second important landmark is the Optional Protocol to the Covenant. Its adoption and entry into force allows the Committee on Economic, Social and Cultural Rights to consider communications. What does this mean in practice? It means that victims can seek justice for violations of their economic, social and cultural rights at the international level.

As seen in the recent views adopted by the Committee, its jurisprudence will help clarify the scope of application of the Covenant in concrete cases. It will offer further guidance to States parties and national courts to devise adequate remedies for victims. States should use such cases as an impetus to identify and address the root causes of grave and systematic violations.

I call on all Member States who have not yet done so to ratify the Optional Protocol.

The third important landmark is of course the adoption of the 2030 Sustainable Development Agenda. This agenda is a promising step forward, as it has gone further than its predecessor – the MDG framework - in integrating human rights in its goals, targets and suggested implementation mechanisms.

So what is the link between the 2030 Agenda and economic, social and cultural rights? One of the key features of the Agenda is indeed the recognition of the interconnection between development and human rights, particularly – albeit not exclusively – economic, social and cultural rights. It opens multiple opportunities to bring human rights to the core of development work.

Due to their substantive convergence, existing standards on economic, social and cultural rights offer guidance for the practical implementation of many of the goals and targets of the 2030 Agenda.

In deciding on implementation priorities at national level, States can draw on a vast body of recommendations from treaty bodies, special procedures and the Universal Periodic Review (UPR) process.

An important part of the process of taking economic, social and cultural rights seriously has consisted in the elaboration of how transversal human rights principles - such as equality and non-discrimination and accountability - concretely apply to these rights. Let us engage in the same exercise to ensure adequate implementation of SDGs! Accountability mechanisms - such as access to effective remedies for violations of economic, social and cultural rights - will also be beneficial for the adequate implementation of the 2030 Agenda.

Other conceptual tools– such as the adoption of indicators to measure progressive realization, and the correlative need for disaggregation of data – are now integrated in the discussions about the best means to ensure the implementation of the SDGs.

Let me conclude: we have good reasons to celebrate today. We have achieved significant progress with regard to economic, social and cultural rights. However, there is still much to be done. We have opportunities to advance the promotion and protection of these rights through specific accountability mechanisms – such as the ones offered by the Optional Protocol – and through the enabling framework provided by the 2030 Agenda.

Many of you in this room have a crucial role in making sure that economic, social and cultural rights become a lived reality. I encourage all of you to strengthen your efforts to achieve better protection of these rights for everyone. Thank you.

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