Description

Auteur

Kitty Arambulo

Titel

Strengthening the Supervision of the International Covenant on Economic, Social and Cultural Rights

Theoretical and Procedural Aspects

Flaptekst

The present research explores economic, social and cultural rights from two perspectives, theoretical and procedural. The main objectives are to clear up misunderstandings regarding these rights and obtain more clarity and a better understanding regarding economic, social and cultural rights, in order to eliminate the existing inequality between these rights and civil and political rights.

First, an analysis is conducted concerning the human rights status of economic, social and cultural rights, particularly in relation to civil and political rights, in the light of the interdependence and indivisibility of all human rights. Both arguments against and in support of economic, social and cultural rights and a possible complaint procedure for these human rights are considered. In this respect, factors are taken into account, inter alia, of political, philosophical and legal nature, which have influenced the views on, and the subsequent attitude towards economic, social and cultural rights. An important issue in this respect is the issue of justiciability of human rights.

Furthermore, the supervisory mechanism of the International Covenant on Economic, Social and Cultural Rights is examined, as well as the possibilities for its improvement. The focus is on a complaint procedure for individuals and groups in the form of an Optional Protocol to the Covenant. To this end, a comparative analysis of a number of existing complaint procedures aims to shed light on the various aspects of such a complaint procedure in the framework of the ICESCR. A draft Optional Protocol to the Covenant is presented on the basis of the results of the procedural analysis.