International Covenant on Economic
Social and Culture Rights
Fidelma Joyce
Senior Human Rights Awareness Officer
Irish Human Rights Commission
Format
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Introduction to IHRC
Introduction to ESCR
International Covenant on Economic Social
and Cultural Rights
Ireland and ICESCR
2002 Concluding Comments
CEDAW Concluding Comments
3rd Report
IHRC and ICESCR
Next Steps
Irish Human Rights Commission
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Established under statute in 2001 to
promote and protect human rights in
Ireland
Functions of relevance to ICESCR
• To keep law and practice under review
• To consult with national and
international bodies
• To promote awareness of human rights
Irish Human Rights Commission
Strategic Plan 2007-2011
 6 strategic goals
• Promote a culture of respect for human rights
• Promote centrality of human rights in
formulation of policy, legislation and practice
• Work jiuntly with Northern Ireland Human
Rights Commission
• Promote a society that values inclusiveness
and diversity
• Assess and anticipate emerging challenges
• Strengthen organisational capacity
IHRC and Treaty Monitoring
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Paris Principles
• Independence, Powers and Functions
• Functions include:
• “To contribute to the reports which
the Staes are required to submit..and
where necessary, to express an
opinion on the subject, with due
respect for their independence
• Encourage ratification of treaties and
co-operation with UN Bodies
What are economic, social, and
cultural rights
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Social Rights
• Core needs for a dignified life
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Economic Rights
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Right to an Adequate Standard of Living
Rights to work
Right to social assistance
Right to property
Pre-conditions for enjoyment of social and other rights
Cultural Rights
• Right to education
• Right to participate in one’ own culture
• Right to cultural identity
ICESCR - International Covenant on
Economic Social and Cultural Rights
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Universal Declaration of Human Rights
1948 (2008 - 60th Anniversary)
• Statement of ideals to underpin a legal text
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Divisions and ‘Cold War’ led to preparation
of two separate convenants
• ICCPR – International Covenant on Civil and
Political Rights
• ICESCR – International Covenant on Economic,
Social and Cultural Rights
• States unwilling to accept legal obligations in
relation to economic, social and cultural rights
ICESCR - International Covenant on
Economic Social and Cultural Rights
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Right to self-determination
Equal rights between men and women
Right to work
Right to just and favourable conditions of work
Right of workers to organise and bargain collectively
Right to social security and social insurance
Right to protection and assistance for the family
Right to an adequate standard of living
• Adequate food
• Adequate clothing
• Adequate housing
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Right to freedom from hunger
Right to the highest attainable standard of physical and
mental health, including health care
Right to education
Right to culture and benefit from scientific progress
ICESCR - International Covenant on
Economic Social and Cultural Rights
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1993 Vienna Declaration
• Indivisibility, interdependence and inter-relatedness of
rights endorsed
• Poverty and social exclusion constituted a violation of
human dignity
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Limburg Principles
• Immediate Obligations to respect, protect and fulfill
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UN Committee on ICESCR
• Monitors compliance of signatory States with the human
rights standards set out in the covenant
• Prepares General Comments to give more substance to
the articles outlined in the ICESCR
Ireland and ICESCR
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ICESCR was opened for signature and
ratification in 1966
Ireland
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Signed 1 October 1973
Ratified 8 Dec 1989
1st report submitted in 1997
UN Committee on CESCR Concluding
Observations in 1999
• 2nd report submitted in 2001
• UN Committee on CESCR Concluding
Observations in 2002
• 3rd report to be submitted in Dec/Jan 2008
2002 Concluding Observations
Positives
Revised Social Charter
CERD
IHRC established
Domestic violence legislation
Min. wage
NAPS
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Concerns
ICESCR not incorporated or
reflected in Irish law
IHRC not operational
Disability Bill not human rights
based approach (HRBA)
Discrimination against people with
physical and mental disabilities
Article 40.1 of Constitution on
equality before the law and
principle of non-discrmination in
a.2 and a.3 of ICESCR
Trade unions and collective
bargaining
Human rights not integral toNAPS
Affordable housing
People with mental disabilities
lack of access to independent
living
Human rights frame-work missing
from National Health Strategy
2002 Concluding Observations
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Recommendations
• Economic, social and cultural rights are justiciable and
should be given full effect in the domestic legal order
• State report on initiatives by the IHRC to promote
economic, social and cultural rights
• Adoption of HRBA in Disability Bill
• Thorough review of sheltered workshops
• Amending article 40.1 of the Constitution on equality
before the law
• Review methods of fixing min. wage
• Protect trade union’s collective bargaining
• Measures taken by Ireland on domestic violence
Concluding Comments
Recommendations
• Combat Poverty Agency should be well resourced
• Integrate human rights into NAPS
• Accelerate social housing programme
• Adequate information on extent of provision of adequate
accommodation to Traveller families
• People without serious psychiatric illness more
appropriate care settings
• Human rights framework for National Health Strategy
• Constitutional amendment on extending primary
education access to all adults with special needs
• International Co-operation contribution
CEDAW Concluding Observations
Compare the concluding comments of the
UN Committee on ICESCR and the
concluding comments of the UN
Committee on CEDAW
CEDAW Concerns
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• Recognised groups of women in vulnerable
situations
• Barriers in access to education, employment,
healthcare and other services
• Closer monitoring of women’s poverty and
social exclusion
• Gender impact of all social and economic
policies required
CEDAW Concluding Comments
CEDAW Recommendations
 Substantive equality between men and women
should be recognised in the Irish Constitution
 Resources for roll-out of National Women’s
Strategy should be available
 Provision of affordable childcare
 Strong action to eradicate pay discrimination
 De facto Equal opportunities in the labour market
 Wide consultation when preparing next report
3rd Report by Ireland
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Irish government has draft its 3rd report
Draft report is currently being circulate to
departments for their final comments
Expect draft to be circulated to wider statutory,
and community and voluntary sector in early
November
• Contact Tara.Murphy@dfa.ie to get on circulation list
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4-6 weeks time frame to offer feedback
Final State report should be submitted we
anticipate in January 2008
Anticipate that UN Committee will hear Ireland’s
report towards end of 2008 (no date confirmed
yet)
IHRC and ICESCR
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IHRC will:
Comment on Irish government’s report
Consult with NGOs and other bodies
Submit its own report in advance to the UN
Committee as it has done on CERD, CEDAW,
CRC, and in early 2008 on the ICCPR.
Will have informal contact with Committee
members and Secretariat
Special part of the pre-sessional hearing for
National Human Rights Institutions (NHRIs) like
the IHRC
Epilogue…work of the IHRC on
economic, social and cultural rights
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Conference December 2005
Discussion Paper ‘Making Economic, Social
and Cultural Rights Effective’
1st Enquiry Report on ‘Self-Employed and
the Old Age Contributory Pension’
Housing Rights Project with Equality
Authority
Proposed submission to UN Committee on
the ICECSR
www.ihrc.ie Publications
Next Steps
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