Access to justice for violations of economic, cultural and social rights by UN News / Amnesty International 12:34pm 8th Dec, 2008   12 December 2008    New human rights instrument closes vital protection gap.    The United Nations human rights chief has welcomed the General Assembly’s adoption of an important new instrument to strengthen the protection of economic, social and cultural rights, stressing that it gives a voice to victims of violations.    “The approval of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is of singular importance by closing a historic gap,” stated UN High Commissioner for Human Rights Navi Pillay.    The Protocol, adopted during the Assembly’s 10 December meeting commemorating the 60th anniversary of the Universal Declaration on Human Rights, will enable victims to complain about violations of the rights enshrined in the Covenant at the international level for the first time.    Ms. Pillay stressed that the Protocol provides a voice to victims of human rights violations. It also “makes them better equipped to enlist the international community’s help to address their plight.”    The High Commissioner noted that the Universal Declaration chose not to rank rights. “On the contrary, it recognized the equal status of political and civil rights with economic, social and cultural rights, and underlined that all rights are inextricably linked,” she said. “Violations of a set of rights reverberate on other rights and enfeeble them all.”    The Optional Protocol will now be opened for signature during 2009 and enter into force once it has been ratified by ten States.    8 December 2008 (Amnesty International)    UN Member States convening in New York at the General Assembly session this week will consider the adoption of an international instrument providing justice for the world’s most marginalised citizens – the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.    Once in force, this instrument will provide access to justice for victims of violations of economic, social and cultural rights who cannot get a remedy at the national level.    Economic, social and cultural rights are a broad category of human rights guaranteed in the International Covenant on Economic, Social and Cultural Rights and other legally binding international and regional human rights treaties. Nearly every country in the world is party to a legally binding treaty that guarantees these rights.    They include: rights at work, particularly just and fair conditions of employment, protection against forced or compulsory labour and the right to form and join trade unions; the right to education, including ensuring that primary education is free and compulsory, that education is sufficiently available, accessible, acceptable and adapted to the individual; cultural rights of minorities and Indigenous Peoples; the right to the highest attainable standard of physical and mental health, including the right to healthy living conditions and available, accessible, acceptable and quality health services; the right to adequate housing, including security of tenure, protection from forced eviction and access to affordable, habitable, well located and culturally adequate housing; the right to food, including the right to freedom from hunger and access at all times to adequate nutritious food or the means to obtain it; the right to water – the right to sufficient water and sanitation that is available, accessible (both physically and economically) and safe.    Although governments may need time to realize economic, social and cultural rights, this does not mean they can do nothing – they have to take steps towards fulfilling them. As an initial step, they must prioritise "minimum core obligations" – minimum essential levels of each of the rights. Under the right to education, for example, core obligations include the right to free primary education.    Many of those who have suffered violations of their rights, including rights to adequate housing, food, water and sanitation, health, education and decent work, are denied the ability and power to hold those responsible to account.    The Optional Protocol will give those people who couldn''''t access justice in their own countries, the chance to have their complaints assessed by the UN Committee on Economic, Social and Cultural Rights.    Even the most marginalised and impoverished groups will be able to seek justice when their rights are denied or ignored by their own governments. Amnesty International is calling on Government''''s to actively support the adoption of the Optional Protocol in the upcoming plenary session of the UN General Assembly. Visit the related web page
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