Committee on economic, social and cultural rights
http://www2.ohchr.org/english/bodies/cescr/index.htm
Mission/Mandate:
“The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.” (CESCR Website, http://www2.ohchr.org/english/bodies/cescr/index.htm, accessed on 23 October 2008)
The rights whose implementation is to be monitored are listed in Part III of the Covenant (Articles 6 – 15). They include
- “work, under "just and favourable conditions", with the right to form and join trade unions (Articles 6, 7, and 8);
- social security, including social insurance (Article 9);
- family life, including paid parental leave and the protection of children (Article 10);
- an adequate standard of living, including adequate food, clothing and housing, and the "continuous improvement of living conditions" (Article 11);
- health, specifically "the highest attainable standard of physical and mental health" (Article 12);
- education, including free universal primary education, generally available secondary education, and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society (Articles 13 and 14);
- participation in cultural life (Article 15).” (Wikipedia: International Covenant on Economic, Social and Cultural Rights, http://en.wikipedia.org/wiki/CESCR#Core_provisions, accessed on 23 October 2008)
Target group:
States parties (states’ governments), NGOs active in the field of economic, social and cultural rights, civil society, international community
Objective:
“The primary function of the Committee is to monitor the implementation of the Covenant by States parties. It strives to develop a constructive dialogue with States parties and seeks to determine through a variety of means whether or not the norms contained in the Covenant are being adequately applied in States parties and how the implementation and enforcement of the Covenant could be improved so that all people who are entitled to the rights enshrined in the Covenant can actually enjoy them in full. Drawing on the legal and practical expertise of its members, the Committee can also assist Governments in fulfilling their obligations under the Covenant by issuing specific legislative, policy and other suggestions and recommendations such that economic, social and cultural rights are more effectively secured.” (OHCHR: Fact Sheet No.16 (Rev.1), The Committee on Economic, Social and Cultural Rights, undated, p. 15, http://www.ohchr.org/Documents/Publications/FactSheet16rev.1en.pdf, accessed on 23 October 2008)
Scope of reporting:
Geographic focus: all States parties
Thematic focus: rights to work, form trade unions, social security, family life, an adequate standard of living, health, education and participation in cultural life
Reporting methodology:
“The States parties shall submit their initial reports within two years of the entry into force of the Covenant for the State party concerned and thereafter periodic reports at five-year intervals […] The Committee shall normally consider the reports submitted by States parties under article 16 of the Covenant in the order in which they have been received by the Secretary-General. […] Any reports by States parties received by the Secretary-General for processing less than 12 weeks before the opening of the session shall be made available to the Committee at its session in the following year. […] Representatives of the reporting States are entitled to be present at the meetings of the Committee when their reports are examined. Such representatives should be able to make statements on the reports submitted by their States and reply to questions which may be put to them by the members of the Committee. […] If a report of a State party to the Covenant, in the opinion of the Committee, does not contain sufficient information, the Committee may request the State concerned to furnish the additional information which is required, indicating the manner as well as the time within which the said information should be submitted. […] The Committee shall make suggestions and recommendations of a general nature on the basis of its consideration of reports submitted by States parties and of the reports submitted by the specialized agencies in order to assist the Council to fulfil, in particular, its responsibilities under articles 21 and 22 of the Covenant. The Committee may also make suggestions for the consideration by the Council with reference to articles 19 and 23 of the Covenant. […] The Committee may prepare general comments based on the various articles and provisions of the Covenant with a view to assisting States parties in fulfilling their reporting obligations.” (CESCR: Rules of procedure of the Committee [E/C.12/1990/4/Rev.1], 1 September 1993, p. 17ff, http://daccessdds.un.org/doc/UNDOC/GEN/G93/183/98/PDF/G9318398.pdf?OpenElement, accessed on 23 October 2008)
Publication cycle:
The CESCR “consists of 18 independent human rights experts, elected for four-year terms, with half the members elected every two years. […] All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Covenant. The first report is due within two years of ratifying the Covenant; thereafter reports are due every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”. The Committee typically meets every May and November in Geneva.” (Wikipedia: International Covenant on Economic, Social and Cultural Rights, http://en.wikipedia.org/wiki/CESCR#The_Committee_on_Economic.2C_Social_and_Cultural_Rights, accessed on 23 October 2008)
Languages:
English, French, Spanish, Russian, Chinese, Arabic
Navigation of website:
In order to access States parties reports, NGO reports and concluding observations, follow the link “Sessions” in the menu on the left-hand side of the homepage; choose the session that includes the country searched for; State Reports, Core documents, Previous Concluding observations, List of Issues and Information from other sources is to be found next to the country name and flag in the table titled “Consideration of State Reports”.
Additional references:
CESCR - Committee On Economic, Social And Cultural Rights: Rules of procedure of the Committee [E/C.12/1990/4/Rev.1], 1 September 1993, p. 17ff
OHCHR - Office of the United Nations High Commissioner for Human Rights: Fact Sheet No.16 (Rev.1), The Committee on Economic, Social and Cultural Rights, undated, p. 15
Wikipedia: International Covenant on Economic, Social and Cultural Rights
