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The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary

Forthcoming with Pretoria University Law Press (2014)

Edited by Malcolm Langford, Bruce Porter, Rebecca Brown and Julieta Rossi

Background

On 10 December 2008, the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

This new treaty mechanism permits individual victims to make complaints to the UN Committee on Economic, Social and Cultural Rights if they have exhausted domestic remedies and believe a member State had failed to observe its obligations under the Covenant. It also provides for an optional inquiries procedure in cases of grave and systematic violations of Covenant rights.

The procedure is the result of long and tortuous international negotiations and is widely seen as an historic recognition by the UN of the equal status of economic, social and cultural rights with civil and political rights, and of the principle that these rights equally require access to adjudication of claims and effective remedies to violations.

It holds out the promise of developing international jurisprudence on economic, social and cultural rights that will have widespread influence in domestic and regional systems, as well as and providing a means for ensuring victims justice and making States accountable to these legal norms.

*Note: Pre-publication versions of the chapters are placed below. The final versions will be found on the website of the publisher in late 2014. 

Contents

I. OVERVIEW

1. Introduction

Malcolm Langford, Bruce Porter, Rebecca Brown,and Julieta Rossi

2. The Origins of the Optional Protocol

Catarina de Albuquerque and Malcolm Langford

II. PROCEDURE

3. Individual Complaints Procedure

Christian Courtis and Julieta Rossi

4. The Inquiry Prodecure

Donna J. Sullivan

5. Inter-State Procedure

Malcolm Langford, Cheryl Lorens and Natasha Telson

III. SUBSTANTIVE INTERPRETATION

6. Reasonableness and Article 8(4)

Bruce Porter

7. Substantive Duties

Malcolm Langford

8. Equality and Non-Discrimination

Rebecca Brown,Lilian Chenwi, and Michael Ashley Stein

IV. REMEDIES AND ENFORCEMENT

9. Interim Measures

Viviana Krsticevic and Brian Griffey

10. Remedial Recommendations

Viviana Krsticevic and Brian Griffey

11. Enforcement

Başak Çalı

Annexes

Published Oct 25, 2012 04:37 PM - Last modified Aug 11, 2014 01:26 PM