Transcript Linking the ICESCR and the MDGs

Linking the ICESCR and the MDGs
Mobilising and advocating for fulfilment of human rights commitments:
Seminar on understanding the ICESCR and the MDGs
15 September 2010
Presentation by Lilian Chenwi, Community Law Centre
What is the ICESCR?
 Main treaty in the UN human rights system on economic, social and cultural
rights (ESCRs)
 Reflects global consensus on standards that apply to ESCRs
 Has been ratified by 160 countries
 When a state signs the ICESCR …
 It voluntarily agrees not to act in a way that would defeat the object and purpose
of the treaty in the period between signature and ratification
 When a state ratifies the ICESCR …
 It voluntarily accepts a responsibility to apply each of the obligations in the treaty
and to ensure the compatibility of its national laws with its international duties, in
a spirit of good faith
 It becomes accountable to the international community, to other states that have
ratified the same treaty, and to their own citizens and other residents in its
territories
What are the rights in the ICESCR?
 the right to work, including the right of everyone to earn a living through freely chosen work (art
6);
 the right to just and favourable conditions of work (art 7);
 the right to form trade unions and join a trade union of one’s choice (art 8);
 the right to social security, including social insurance (art 9);
 the right to family protection (art 10);
 the right to an adequate standard of living, including adequate food, clothing and housing, and to
the continuous improvement of living conditions (art 11);
 the right to enjoy the highest possible standard of physical and mental health (art 12);
 the right to education, including compulsory primary education (art 13); and
 the rights to take part in cultural life, to enjoy the benefits of scientific progress and its applications,
and to benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production (art 15).
What are the obligations under the ICESCR?
 Respect, protect and fulfil
 Non-discrimination and equality
 Progressive realisation
 Maximum available resources
 SA – ‘within available resources’
 No retrogressive measures
 Minimum core obligations
 indicates a minimum below which no government should perform, even in
unfavorable conditions
 UN Committee on Economic, Social and Cultural Rights
 A State Party in which any significant number of individuals is deprived “of essential
foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic
forms of education is, prima facie, failing to discharge its obligations under the ICESCR
What is the OP-ICESCR?
 An extra treaty that supplements the ICESCR
 Create procedures related to the substantive rights in the ICESCR
 Establishes a new mechanisms to enforce states’ obligations
to realise ESCRs.
 What procedures are introduced by the OP-ICESCR?
 Communication procedure (individuals and groups)
 Inquiry mechanism
 Inter-state complaint procedure
 A new avenue to combat poverty
Why make the link between human rights and MDGs?
 They are interdependent and mutually reinforcing commitments
 They share a common objective
 To protect and uphold human dignity, freedom and equality
 Human rights principles of accountability, participation , equality and
non-discrimination ensures more commitment and transparency in
efforts for achieving the MDGs through clarification of the duties of
states
 Human rights framework
 Is an important tool for achieving the MDGs - ensures the Goals are
pursued in an equitable, just & sustainable manner
 Grounds development work within a universal set of values
Why make the link cont.
 How rights support the MDGs [UNDP, 2009]…
 counter a possible tendency of MDG analysis to focus on figures, and
overlook the emphasis on human dignity, and the worth of every
person;
 will draw attention especially to the needs of the most vulnerable
sections of society, even if not identified (as children are) in the
MDGs
 ‘Linking MDGs and human rights, helps us stay true to the spirit and
vision of the Millennium Declaration, which places human rights at the
heart of efforts to achieve human development’ [UNDP]

Goals correspond with human rights obligations, standards and norms

Realisation of socio-economic rights contribute to human
development
What is the link between the ICESCR and MDGS?
 A human rights treaty that is at the core of the link between
development and human rights, securing important rights
necessary for sustainable human development
 A guiding tool for the adoption and implementation of socio-
economic policies and legislation, especially those called for in the
MDGs
 The ICESCR deals directly with poverty issues
 The ICESCR promotes cooperation in realising ESCRs thus
promotes Goal 8 – ‘develop a global partnership for development’
 ICESCR Arts. 11(1) & (2), 15(4), 22, 23; GC 2; GC 3
Linking the ICESCR and MDGs cont.
 UNDP, 2009 (with amendment - re. 7(a)(i))
Goals
Rights in ICESCR
1. Eradicate extreme poverty and
hunger
Art. 11 (standard of living, including food, housing, clothing; freedom from
hunger; improve methods of production, conservation and distribution of food;
equitable distribution of food supply); GC 12 (food);
2. Achieve universal primary
education
Arts. 13 (education) & 14 (compulsory primary education); GC 11 (plans of
action for primary education)
3. Promote gender equality &
empower women
Arts. 3 (equality) & 7(a)(i) (equal remuneration)
4. Reduce child mortality
Art. 12(2)(a) (reduction of the stillbirth-rate and of infant mortality and for the
healthy development of the child); GC 14 (health)
5. Improve maternal health
Art. 12 (health); GC 14 (health)
6. Combat HIV/AIDS, malaria and
other diseases
Art. 12 (health); GC 14 (health)
7. Ensure environmental
sustainability
Arts. 11(1) (standard of living, including food, housing, clothing) & 12 (health);
GC 4, 7, 14 & 15 (housing, forced evictions, health, water)
What is the link between ESCRs and the MDGs?
 MDGs by their nature tend to be developmental & ESCRs-based
 ESC rights ‘provide principles and operational strategies to
address the problems which are at the centre of the MDGs. They
should be the criteria when establishing tools for measuring
progress towards the achievement of MDGs’
[Joint statement by the UN Committee on Economic, Social and Cultural
Rights and the UN Commission on Human Rights’ Special Rapporteurs on
Economic, Social and Cultural Rights]
 In the Millennium Declaration world leaders agreed, among
other things, to strive for protection of civil, political, economic,
social, cultural rights for all.
What is the link between ratification and the MDGs?
 Ratification of treaties is not an obstacle to economic growth and
development, but critical to it
 Ratification widely regarded as a basic requirement for promoting and
protecting human rights
 Why is ratification of the ICESCR and the OP-ICESCR important in relation
to the MDGs?
 ICESCR is legally binding while MDGs are not legally binding
 OP-ICESCR – additional accountability mechanism
 Access to remedies under ICESCR and OP-ICESCR
 MDGs do not reflect the various ESCRs obligations of states
 Ratification would contribute to strengthening development goals
 How?
Linking ratification and the MDGs cont.
 Ratification provides a legal obligation and accountability framework for
ensuring that development needs are fully realised
 It enables the realisation of rights through monitoring of compliance with the
treaties, thereby encouraging adherence to the rule of law
 Treaties impose a legal obligation for compliance with development goals
 Compliance with treaty or implementation usually fulfils a much required
development need
 It encourages a fairer and equitable system of global justice
 It involves participation of civil society and citizens in the development process
and thereby acts as a catalyst for the reduction of poverty
 As process is equally important as outcome under the human rights framework