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 The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...

. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of October 2018, the Protocol has 45 signatories and 24 state parties. It entered into force on 5 May 2013.OP-ICESCR, Article 18.

Genesis

In 1966, the United Nations General Assembly adopted the

. The Covenant obliged its parties to recognise and progressively implement

economic, social, and cultural rights Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. ...

, including

labour rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influe ...

and

right to health The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the U ...

right to education The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...

, and right to 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 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. The main result of the conference was the Vienna Declarati ...

, 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 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 (ICCPR). It was adopted ...

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 ...

and Article 14 of the

Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ...

. Parties agree to recognise the competence of the

Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations is a 18-member Committee, entrusted with overseeing implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It meets (usually t ...

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 Covenant. Parties may opt out of this obligation on signature or ratification.OP-ICESCR, Article 11. The Optional Protocol required ten ratifications to come into force.

References

External links

Text
of the Optional Protocol

the Covenant's monitoring body
List of signatories and ratifications
{{DEFAULTSORT:Economic, Social And Cultural Rights Covenant Optional Protocol Human rights instruments United Nations treaties Optional Protocol to the International Covenant on Economic, Social and Cultural Rights Optional Protocol to the International Covenant on Economic, Social and Cultural Rights Treaties of Argentina Treaties of Belgium Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Cape Verde Treaties of the Central African Republic Treaties of Costa Rica Treaties of Ecuador Treaties of El Salvador Treaties of Finland Treaties of France Treaties of Gabon Treaties of Italy Treaties of Luxembourg Treaties of Mongolia Treaties of Montenegro Treaties of Niger Treaties of Portugal Treaties of San Marino Treaties of Slovakia Treaties of Spain Treaties of Uruguay Treaties of Venezuela 2008 in New York City Treaties adopted by United Nations General Assembly resolutions

Genesis

Summary

See also

References

External links