Transcript Women and ESC Rights Working Group

ICESCR AND THE OP-ICESCR
Daniela Ikawa, ESCR-Net
RIGHTS
For more information on content, look at the CESCR’s General Comments
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Right to self-determination
Right to work
Right to just and favorable conditions of work
Right to form and join trade unions
Right to social security, including social insurance
Right to protection of the family
Right to adequate housing
Right to adequate food
Right to be free from hunger
Right to the highest attainable standard of physical and mental health
Right to water
Right to education
Right to enjoy the benefits of scientific progress
Right of an author to benefit from the protection of moral and material interests
resulting from scientific, literary or artistic production
GENERAL STATE OBLIGTIONS
General Comments n. 3/20
States Parties must also avoid discrimination in access to these
basic rights, take progressive steps towards the full realization
of ESCR to the maximum of their available resources,
prioritize minimum core obligations and ensure that no
unjustified retrogressive measures are taken.
NON-DISCRIMINATION (IMMEDIATE OBLIGATION) : GC n. 20
The ICESCR requires that ESCR are available to all people without discrimination regardless of the
individual’s race, colour, sex, language, religion, political and other opinion, national or social origin,
property, birth or other status. “Other status” includes age, disability, nationality (including refugee
status, migrant workers and stateless persons), marital and family status, sexual orientation and
gender identity, health status, place of residence and economic and social situation.
PROGRESSIVE REALIZATION
Deliberate and concrete steps (national plan, resource allocation, mapping of situation)
NON-RETROGRESSION (IMMEDIATE)
States Parties must ensure that no deliberate retrogressive measures are taken by, for example,
cutting essential rights- realizing programmes.
MINIMAL CORE (IMMEDIATE)
The “minimum core content” of a right consists of the baseline level to which a State Party must give
priority for all persons and indicates a minimum standard below which a State is presumed to be
failing to comply with the ICESCR.
SPECIFIC STATE OBLIGATIONS –
OBLIGATIONS REGARDING SPECIFIC
RIGHTS
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The obligation to respect (immediate, negative obligation) human
rights requires States Parties to refrain from interfering directly or
indirectly with people’s enjoyment of these rights.
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The obligation to protect (immediate, positive obligation) refers to the
obligation to protect rights from the intervention of third parties
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The obligation to fulfil (positive obligation) implies taking steps
towards the full realization of all human rights.
RELEVANCE OF THE OP-ICESCR
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Possibility of presenting communications (most
efficient mechanism for the protection of rights in
the UN)
Timely justice (backlog)
Possibility of systematic impact/structural change
(public policies/plans)
Focus on positive obligations
Possibility of more concrete, more complex
recommendations related to specific cases
Existence of progressive GC that can feed the
analysis on concrete cases
ADMISSIBILITY UNDER THE OP
• Exhaustion of domestic remedies
• Exception: No effective remedies
• Undue delay
• Threats
• No implementation
• No legal aid
• Same case has not been considered by
similar procedure
• 1 year of exhaustion of domestic remedies