Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Encyclopedia
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights
. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of October, 2011, the Protocol has 39 signatories and 4 parties. It will enter into force when ratified by 10 parties.
. The Covenant obliged its parties to recognise and progressively implement economic, social, and cultural rights, including labour rights and rights to health, education, and an adequate standard of living, but did not include any mechanism by which these obligations could be legally enforced.
Work on an individual complaints mechanism began in 1990, with a view to developing an Optional Protocol similar to those of other UN human rights instruments. Development was encouraged by the 1993 World Conference on Human Rights
, which recommended the Commission on Human Rights and CESCR to "continue examination of optional protocols" to the ICESCR.
CESCR presented the first draft Optional Protocol in 1997. In 2002, the Committee established an open-ended working group to continue development. In 2006, the Human Rights Council gave the open-ended working group the task of formally negotiating a draft text. Negotiations were completed in April 2008, and the resulting Optional Protocol was formally adopted by the UN General Assembly on 10 December 2008. It was opened for signature on 24 September 2009.
, Optional Protocol to the Convention on the Rights of Persons with Disabilities
and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination
. Parties agree to recognise the competence of the Committee on Economic, Social and Cultural Rights
to consider complaints from individuals or groups who claim their rights under the Covenant have been violated. Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints referring to events which occurred before the country concerned joined the Optional Protocol are not permitted. The Committee can request information from and make recommendations to a party. Parties may also opt to permit the Committee to hear complaints from other parties, rather than just individuals.
The Protocol also includes an inquiry mechanism. Parties may permit the Committee to investigate, report on and make recommendations on "grave or systematic violations" of the Convention. Parties may opt out of this obligation on signature or ratification.
The Optional Protocol requires ten ratifications to come into force.
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of October, 2011, the Protocol has 39 signatories and 4 parties. It will enter into force when ratified by 10 parties.
Genesis
In 1966, the United Nations General Assembly adopted the International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
. The Covenant obliged its parties to recognise and progressively implement economic, social, and cultural rights, including labour rights and rights to health, education, and an adequate standard of living, but did not include any mechanism by which these obligations could be legally enforced.
Work on an individual complaints mechanism began in 1990, with a view to developing an Optional Protocol similar to those of other UN human rights instruments. Development was encouraged by the 1993 World Conference on Human Rights
World Conference on Human Rights
The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War...
, which recommended the Commission on Human Rights and CESCR to "continue examination of optional protocols" to the ICESCR.
CESCR presented the first draft Optional Protocol in 1997. In 2002, the Committee established an open-ended working group to continue development. In 2006, the Human Rights Council gave the open-ended working group the task of formally negotiating a draft text. Negotiations were completed in April 2008, and the resulting Optional Protocol was formally adopted by the UN General Assembly on 10 December 2008. It was opened for signature on 24 September 2009.
Summary
The Optional Protocol establishes an individual complaints mechanism for the Covenant similar to those of the First Optional Protocol to the International Covenant on Civil and Political RightsFirst Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...
, Optional Protocol to the Convention on the Rights of Persons with Disabilities
Optional Protocol to the Convention on the Rights of Persons with Disabilities
The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008...
and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
. Parties agree to recognise the competence of the Committee on Economic, Social and Cultural Rights
Committee on Economic, Social and Cultural Rights
The Committee on Economic, Social and Cultural Rights is a United Nations body of 18 experts that meets three times a year to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Economic, Social and Cultural Rights...
to consider complaints from individuals or groups who claim their rights under the Covenant have been violated. Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints referring to events which occurred before the country concerned joined the Optional Protocol are not permitted. The Committee can request information from and make recommendations to a party. Parties may also opt to permit the Committee to hear complaints from other parties, rather than just individuals.
The Protocol also includes an inquiry mechanism. Parties may permit the Committee to investigate, report on and make recommendations on "grave or systematic violations" of the Convention. Parties may opt out of this obligation on signature or ratification.
The Optional Protocol requires ten ratifications to come into force.
See also
- International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural RightsThe International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
- First Optional Protocol to the International Covenant on Civil and Political RightsFirst Optional Protocol to the International Covenant on Civil and Political RightsThe First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...
- Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against WomenOptional Protocol to the Convention on the Elimination of All Forms of Discrimination against WomenThe Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women...
- Optional Protocol to the Convention on the Rights of Persons with DisabilitiesOptional Protocol to the Convention on the Rights of Persons with DisabilitiesThe Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008...
External links
- Text of the Optional Protocol
- Committee on Economic, Social and Cultural Rights, the Covenant's monitoring body
- List of signatories