Translation Spanish: Basic Primer 3

THE NATURE OF STATES PARTIES OBLIGATIONS (ARTICLE 2, PAR.1)

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

General Comment 1: Reporting by States parties (Third Session, 1989)
General Comment 2: International technical assistance measures (Art. 22, Fourth session, 1990)

INTERNATIONAL TECHNICAL ASSISTANCE MEASURES (ARTICLE 22)

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(Fourth session, 1990)*

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1. Article 22 of the Covenant establishes a mechanism by which theEconomic and Social Council may bring to the attention of relevantUnited Nations bodies any matters arising out of reports submittedunder the Covenant "which may assist such bodies in deciding, eachwithin its field of competence, on the advisability of internationalmeasures likely to contribute to the effective progressiveimplementation of the ... Covenant". While the primary responsibilityunder article 22 is vested in the Council, it is clearly appropriatefor the Committee on Economic, Social and Cultural Rights to play anactive role in advising and assisting the Council in this regard.

2. Recommendations in accordance with article 22 may be made to any"organs of the United Nations, their subsidiary organs and specializedagencies concerned with furnishing technical assistance". The Committeeconsiders that this provision should be interpreted so as to includevirtually all United Nations organs and agencies involved in any aspectof international development cooperation. It would therefore beappropriate for recommendations in accordance with article 22 to beaddressed, inter alia, to the Secretary-General, subsidiary organs ofthe Council such as the Commission on Human Rights, the Commission onSocial Development and the Commission on the Status of Women, otherbodies such as UNDP, UNICEF and CDP, agencies such as the World Bank and IMF, and any of the other specialized agencies such as ILO, FAO, UNESCO and WHO.

3. Article 22 could lead either to recommendations of a generalpolicy nature or to more narrowly focused recommendations relating to aspecific situation. In the former context, the principal role of theCommittee would seem to be to encourage greater attention to efforts topromote economic, social and cultural rights within the framework ofinternational development cooperation activities undertaken by, or withthe assistance of, the United Nations and its agencies. In this regardthe Committee notes that the Commission on Human Rights, in itsresolution 1989/13 of 2 March 1989, invited it "to give considerationto means by which the various United Nations agencies working in thefield of development could best integrate measures designed to promotefull respect for economic, social and cultural rights in theiractivities".

4. As a preliminary practical matter, the Committee notes that itsown endeavours would be assisted, and the relevant agencies would alsobe better informed, if they were to take a greater interest in the workof the Committee. While recognizing that such an interest can bedemonstrated in a variety of ways, the Committee observes thatattendance by representatives of the appropriate United Nations bodiesat its first four sessions has, with the notable exceptions of ILO, UNESCO and WHO, beenvery low. Similarly, pertinent materials and written information hadbeen received from only a very limited number of agencies. TheCommittee considers that a deeper understanding of the relevance ofeconomic, social and cultural rights in the context of internationaldevelopment cooperation activities would be considerably facilitatedthrough greater interaction between the Committee and the appropriateagencies. At the very least, the day of general discussion on aspecific issue, which the Committee undertakes at each of its sessions,provides an ideal context in which a potentially productive exchange ofviews can be undertaken.

5. On the broader issues of the promotion of respect for humanrights in the context of development activities, the Committee has sofar seen only rather limited evidence of specific efforts by UnitedNations bodies. It notes with satisfaction in this regard theinitiative taken jointly by the Centre for Human Rights and UNDP inwriting to United Nations Resident Representatives and otherfield-based officials, inviting their "suggestions and advice, inparticular with respect to possible forms of cooperation in ongoingprojects [identified] as having a human rights dimension or in new onesin response to a specific Government's request". The Committee has alsobeen informed of long-standing efforts undertaken by ILO to link its own human rights and other international labour standards to its technical cooperation activities.

6. With respect to such activities, two general principles areimportant. The first is that the two sets of human rights areindivisible and interdependent. This means that efforts to promote oneset of rights should also take full account of the other. UnitedNations agencies involved in the promotion of economic, social andcultural rights should do their utmost to ensure that their activitiesare fully consistent with the enjoyment of civil and political rights.In negative terms this means that the international agencies shouldscrupulously avoid involvement in projects which, for example, involvethe use of forced labour in contravention of international standards,or promote or reinforce discrimination against individuals or groupscontrary to the provisions of the Covenant, or involve large-scaleevictions or displacement of persons without the provision of allappropriate protection and compensation. In positive terms, it meansthat, wherever possible, the agencies should act as advocates ofprojects and approaches which contribute not only to economic growth orother broadly defined objectives, but also to enhanced enjoyment of thefull range of human rights.

7. The second principle of general relevance is that developmentcooperation activities do not automatically contribute to the promotionof respect for economic, social and cultural rights. Many activitiesundertaken in the name of "development" have subsequently beenrecognized as ill-conceived and even counter-productive in human rightsterms. In order to reduce the incidence of such problems, the wholerange of issues dealt with in the Covenant should, wherever possibleand appropriate, be given specific and careful consideration.

8. Despite the importance of seeking to integrate human rightsconcerns into development activities, it is true that proposals forsuch integration can too easily remain at a level of generality. Thus,in an effort to encourage the operationalization of the principlecontained in article 22 of the Covenant, the Committee wishes to drawattention to the following specific measures which merit considerationby the relevant bodies:

(a) As a matter of principle, the appropriate United Nations organsand agencies should specifically recognize the intimate relationshipwhich should be established between development activities and effortsto promote respect for human rights in general, and economic, socialand cultural rights in particular. The Committee notes in this regardthe failure of each of the first three United Nations DevelopmentDecade Strategies to recognize that relationship and urges that thefourth such strategy, to be adopted in 1990, should rectify thatomission;

(b) Consideration should be given by United Nations agencies to theproposal, made by the Secretary-General in a report of 1979 1/ that a"human rights impact statement" be required to be prepared inconnection with all major development cooperation activities;

?? The training or briefing given to project and other personnelemployed by United Nations agencies should include a component dealingwith human rights standards and principles;

(d) Every effort should be made, at each phase of a developmentproject, to ensure that the rights contained in the Covenants are dulytaken into account. This would apply, for example, in the initialassessment of the priority needs of a particular country, in theidentification of particular projects, in project design, in theimplementation of the project, and in its final evaluation.

9. A matter which has been of particular concern to the Committee inthe examination of the reports of States parties is the adverse impactof the debt burden and of the relevant adjustment measures on theenjoyment of economic, social and cultural rights in many countries.The Committee recognizes that adjustment programmes will often beunavoidable and that these will frequently involve a major element ofausterity. Under such circumstances, however, endeavours to protect themost basic economic, social and cultural rights become more, ratherthan less, urgent. States parties to the Covenant, as well as therelevant United Nations agencies, should thus make a particular effortto ensure that such protection is, to the maximum extent possible,built-in to programmes and policies designed to promote adjustment.Such an approach, which is sometimes referred to as "adjustment with ahuman face" or as promoting "the human dimension of development"requires that the goal of protecting the rights of the poor andvulnerable should become a basic objective of economic adjustment.Similarly, international measures to deal with the debt crisis shouldtake full account of the need to protect economic, social and culturalrights through, inter alia, international cooperation. In manysituations, this might point to the need for major debt reliefinitiatives.

10. Finally, the Committee wishes to draw attention to the importantopportunity provided to States parties, in accordance with article 22of the Covenant, to identify in their reports any particular needs theymight have for technical assistance or development cooperation.

Notes

1/ "The international dimensions of the right to development as ahuman right in relation with other human rights based on internationalcooperation, including the right to peace, taking into account therequirements of the new international economic order and thefundamental human needs" (E/CN.4/1334, para. 314).

* Contained in document E/1990/23.

REPORTING BY STATES PARTIES

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL

COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(Third session, 1989)*

Adopted by General Assembly resolution 2200 A (XXI) of 16 December 1966
Entry into force 3 January 1976 in accordance with article 17
(click here for a list of general comments)

PREAMBLE

Opponents of ESCR, regrettably including some in the human rights field, argue that ESCR are not judicially enforceable and that they are too vague to monitor effectively. Yet most sovereign states have enshrined ESCR in their constitutions, and there are numerous examples of courts applying domestic and international law to protect ESCR.Vagueness has also not prevented international development agenciesfrom producing immense volumes of research on global social andeconomic conditions. These include standardized methodologies forcomparing conditions in different countries and regions ??? the UNDP???s human development index and gender-related indices, UNICEF???s rate of progress measurements, and the World Bank???s World Development Reports, to name a few.

Activist???s Manual on the ICESCR[pdf 1.25 mb]
Bibliography
CESR's Guide to the Legal Framework of ESCR
Justiciability of ESCR
Optional Protocol to the ICESCR
Other Resources and Links
Workshop Report: Developing a Common Framework for the Promotion of ESCR[pdf 123.81 kb]

What are Economic, Social, and Cultural rights?
Economic, social, and cultural rights include the human right to work,the right to an adequate standard of living, including food, clothing,and housing, the right to physical and mental health, the right tosocial security, the right to a healthy environment, and the right toeducation. For more information on a specific ESC right, click one of the links on the left.

ESCR are part of a larger body of human rights law that developed in the aftermath of World War II.Human rights law includes all economic and social rights, plus civiland political rights like the right to free speech and the right to afair trial. These rights are deeply intertwined: for example, the rightto speak freely means little without a basic education. Similarly, theright to work means little if you are not allowed to meet and assemblein groups to discuss work conditions.

The most important human rights law is in the International Bill of Human Rights, which includes the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Economic and social rights are also included in numerous other human rights legal instruments. Among the most important are:

• Convention on the Rights of the Child (CRC)
• Convention on the Elimination of Discrimination Against Women (CEDAW)
• Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• Vienna World Conference on Human Rights Declaration and Plan of Action
• Conventions of the International Labor Organization

The U.N. human rights system is rooted inthe International Bill of Rights, but also includes additional humanrights treaties. Each of the treaties is governed by a Treaty Body thatprovides authoritative interpretations of its terms. The Treaty Bodiesalso publish General Comments, which elaborate on specific articles ofthe treaties. For a list of General Comments to the ICESCR, click here. For more information on the U.N. human rights system, click here.

CESR has prepared a Guide to the LegalFramework of economic, social, and cultural rights that elaborates onhow those rights exist in international law. Click here for the Guide. In 1995, CESR hosteda set of workshops that explored the theoretical and practical concernssurrounding economic, social, and cultural rights advocacy andpractice. Click here for the Workshop Report[pdf 123.81 kb].

Why are they called "rights"?
All the world's great religious and moral traditions, philosophers, andrevolutionaries, recognize that human beings deserve to live infreedom, justice, dignity and economic security. The International Billof Rights grew out of these traditions, and calls for all governmentsto make sure their citizens have human rights -- civil, political,social, cultural and economic. Referring to economic, social andcultural issues as "rights" uses the legal framework developed underinternational law, and gives individuals legitimate claims againststate and non-state actors for protection and guarantees.

During the Cold War and trickle-down economics theory, ESCR werefrequently mis-labled as "benefits," meaning individuals had no basicclaim to things like food and shelter. After the Covenant came intoforce in 1976, jurisprudence around economic and social rights began todevelop and great progress following the formation of the UnitedNations Committee on Economic, Social, and Cultural Rights.

Economic and social rights require governments and other powerfulactors to ensure that people have access to basic needs, and thatpeople have a voice in decisions affecting their well-being. Povertyand injustice are neither inevitable nor natural, but arise fromdeliberate decisions and policies, and the human rights legal frameworkprovides a way to hold public officials accountable for developmentpolicies and priorities.

What are the minimum requirements?
States are bound to ensure minimum human rights regardless of their resource constraints. For ESC rights, minimum core requirements include availablefoodstuffs for the population, essential primary health care, basicshelter and housing, and the most basic forms of education. The Committee on Economic, Social, and Cultural Rights elaborated on state obligations under General Comment 3: The Nature of States Parties Obligations

How do states fulfill their minimum requirements?

In CESR'sexperience, groups working in diverse fields such as development,environment and human rights share common concerns about justice andpoverty without a common language to support action and collaboration.This lack of shared response goes a long way towards explaining why asingle case of torture elicits more international attention and outragethan a thousand unnecessary deaths from lack of potable water. ESCR can offer the missing framework and strategy to force governments to redress social injustice.

Inrecent years there has been a surge of interest in economic, social andcultural rights (ESCR) and more generally in the intersection ofeconomic development and human rights. Neglected during the Cold War, ESCR haveassumed heightened significance in light of the persistence of systemicpoverty in the global economy. The failure of traditional developmentpolicies, seen in the increasing divide between rich and poor aroundthe world, has spurred new efforts to address economic deprivationthrough human rights strategies.

by Chris Jochnick

from Human Rights Quarterly 21.1 (1999) 56-79

Chris Jochnick is the former Legal Director, Center for Economic and Social Rights
(CESR). This article is based on the experience and ideas of the directors
and staff of CESR, developed over four years of work in the field.