International Covenant on
Economic, Social and Cultural
Rights
APPG on Equalities, 18 March 2014
Commissioner Sarah Veale
Anna Henry, Director of Human Rights and
Respect
Equality and Human Rights Commission
ICESCR
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Background to the ICESCR
Rights under ICESCR
Progressive realisation
Monitoring and reporting process
Roles of Government, the EHRC and
Parliament
ICESCR background
• To translate the 1948 Universal Declaration
of Human Rights into a legally binding treaty
• Led to ICESCR and ICCPR (1966)
• Both note that human rights ideals can only
be achieved where everyone may enjoy their
economic, social, cultural and political rights
• UK amongst first countries to sign and ratify
ICESCR Summary
• Commits states to work towards the granting
of economic social and cultural rights to
individuals, including labour rights and the
rights to health, education and the right to an
adequate standard of living.
Rights under ICESCR
• Work, under just and favourable conditions
with the right to join trade unions (6,7,8)
• Social security and social insurance (9)
• Family protections (10)
• Adequate standard of living (11)
• Highest attainable standard of physical and
mental health (12)
• Education, with free and compulsory primary
education (13, 14)
• Participate in cultural life (15)
Progressive Realisation
• Article 2 of the Covenant imposes a duty on
all parties to:
take steps... to the maximum of its
available resources, with a view to
achieving progressively the full realization
of the rights recognized in the present
Covenant by all appropriate means,
including particularly the adoption of
legislative measures.
Monitoring Process:
• Committee of independent experts
• The state must produce periodic reports
every 5 years to include:
– Steps taken to give effect to the rights in the
Convention
– Progress made in the enjoyment of those
rights / any difficulties affecting domestic
implementation
– Relevant information, including statistical
data
Examination of state reports
• CESCR Committee analyse state reports and
discuss them in public examinations with state
representatives
• Lead to concluding observations
• States expected to take action on the
recommendations
• Report back on progress in next periodic
report in
EHRC – an NHRI with ‘A’ status
• Monitor and report on the UK's compliance
with UN treaties and recommendations of
treaty bodies
• Advise UN bodies about issues of concern
• Make statements at UNHRC
• Support implementation of UN
recommendations, to improve the extent to
which equality and human rights are
respected
• Consult NGOs and civil society and to facilitate
their engagement with the UN
Relevant Select Committees & APPGs can
contribute to UK UN treaty compliance by:
1. Contributing to the state’s periodic reports
through:
– Inviting the responsible Minister to present the
draft report to Parliamentarians at the
beginning of a consultation process;
– Holding evidence sessions with civil society and
the NHRIs; and
– Providing comments on the state report, in
particular ensuring it is evidence based.
Individual Parliamentarians can also encourage
their constituents and stakeholder groups to do
the same
2. Contributing to the UN’s scrutiny of UK
compliance by writing to treaty bodies ahead
of UK examinations setting out the priority
issues for consideration
• cescr@ohchr.org
UNOG-OHCHR
CH-1211 Geneva 10
Switzerland
Tel: +41 22 917 90 00
3. Facilitating the work of Special Rapporteurs
• inviting them to visit the UK;
• hosting evidence sessions with civil society and
the NHRIs; and
• Ensuring the responsible Minister makes a
statement to the House in response to the
UNSR’s report and lodges copies of it in the
libraries of both Houses.
• Cultural rights: Farida Shaheed
srculturalrights@ohrc.org
• Health: Anand Grover srhealth@ohrc.org
• Education: Kishore Singh sreducation@ohrc.org
• Food: Olivier De Shutter srfood@ohrc.org
• Housing: Raquel Rolnik srhousing@ohrc.org
4. Following up recommendations through:
– Ensuring the responsible Minister makes a
statement to the House and lodges copies of
Concluding Observations in the libraries of
both Houses;
– Drafting legislation or amending bills in order
to implement specific recommendations;
– Encouraging the UK Government to develop a
human rights actions plan(s) to help take
recommendations forward and scrutinising
delivery against it;
– Asking PQs to ensure timely progress is being
made in implementing recommendations.
• Inviting the NHRIs to support
Parliamentarians in this role through:
– Delivering awareness raising sessions for
Parliamentarians on the requirements of
different UN treaties; and
– Providing regular evidence and updates on
the UK Government’s progress in
implementing recommendations
– Rachel Zaltzman, Head of Human Rights
Programme:
Rachel.Zaltman@equalityhumanrights.com
Upcoming UK Treaty Examinations
• Universal Periodic Review (UPR) mid-term review:
Oct-Nov 2014
• International Covenant on Cultural and Political
Rights (ICCPR): Oct 2014
• Convention on the Rights of the Child (CRC) Optional
Protocol on the Sale of Children: May-June 2014
• Convention on the Rights of Persons with Disabilities
(CRPD) Pre-Sessional Working Group: Oct 2014
• CRPD: April 2015 (TBC)
• ICCPR: July 2015
• ICESCR: 2016 (TBC)
• UPR: 2016 (autumn)