WUNRN
OP- ICESCR
Optional Protocol to the
International Covenant
on Economic, Social &
Cultural Rights
International Covenant on Economic, Social and Cultural Rights
Members
of the Coalition contend that the much-needed Optional Protocol will
strengthen access to justice of victims on economic and socio-cultural rights
including the right to the enjoyment of the highest attainable standard of
physical and mental health (Art. 12.1, ICESCR), education (Art. 13), work (Art.
6), food and freedom from hunger (Art. 11.1 and 11.2), and housing (Art. 11.1),
among others. The proposed mechanism of individual complaints will allow
individuals and groups of individuals to file complaints against their states
for failure to uphold their rights under the Covenant. The views of the
Committee on these complaints would have a significant impact in furthering the
economic, social, and cultural rights of individuals and groups of individuals.
International Coalition for an OP-ICESCR
An initiative of individuals and organisations working for social justice worldwide
What
We are campaigning to provide victims of economic, social and cultural rights violations with access to international justice.
Currently, if you have been tortured or if your right to freedom of expression is violated, you can complain to the United Nations. But if you have been forcibly evicted, or if you are unable to access healthcare services, you don’t have the same opportunity. It should not be that way!
The way forward is the development of what is called
an Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights (OP-ICESCR). This Optional Protocol (OP) will establish a
complaints mechanism allowing you to present your case to the United Nations.
How
The members of the United Nations have come together, in the form of a working-group, to discuss the possibility of elaborating this Optional Protocol. Victims of economic, social and cultural rights violations have been waiting for this opportunity for a long time.
In June 2006, the first session of the Human Rights Council (replacing the UN Commission on Human Rights) has finally decided to enable the working-group to start proper negotiations on the text of an OP. For civil society actors in general and the NGO Coalition in particular, it means that the next two years will be crucial if we want to obtain a meaningful new instrument for the victims of violations of economic, social and cultural rights.
When
We have two years time to find more voices and your active support. It is important to be lobbying your government now and in the coming months in the lead up to the next session of the working-group.
More precisely, the decision on the mechanisms and complaints procedures available to the victims will be made during the next sessions of the working-group.
The first session of this group will be hold from July 16 to 27, 2007.
Civil society work, coordinated for a fair part by the OP-ICESCR Coalition, has greatly contributed to achieve the mandate of the working-group to eventually start drafting the text of an OP!
Who
The campaign for the adoption of a useful Optional Protocol is coordinated by the International Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (or Coalition for an OP-ICESCR).
The Coalition brings together national, regional and international NGOs, individuals, social movements and community based organisations all committed to make the Optional Protocol a reality. Because we need to join forces on this issue, the Coalition makes sure that we develop a common strategy and position and provides information about the process.
Because you can make a difference in the way your government thinks about this Optional Protocol, we invite you to join the coalition and share with us your successes, feedback from your lobbying with governments, and any information that could be useful to others campaigning in other countries.
To join the coalition, please go to “Become a Member"
Why
An OP-ICESCR is important because it will provide victims of economic, social and cultural rights violations who can’t be heard before their national courts an avenue to get redress. As such, it will redress the current imbalance in the protection of different human rights which marginalises economic, social and cultural rights.
Having an international complaint mechanism will also help develop the content of ESC rights and related States’ obligations, as well as give guidance to national courts.
In order to achieve these objectives, the mechanism adopted must be useful and the Coalition has established minimum criteria.
In our view, anything short of a comprehensive OP-ICESCR would have huge impact on groups’ ability to use those rights to seek better social justice.
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