Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Published date01 June 1995
Date01 June 1995
DOIhttp://doi.org/10.1177/016934419501300210
Subject MatterPart C: Appendices
Part C: Appendices
Draft Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights
Adopted by the Utrecht Expert Meeting, organized by the Netherlands Institute of Human
Rights (SIM), Utrecht University, the Netherlands, 28 January 1995.
The States
Parties
to the
Present
Protocol,
Recognizing that all human rights derive from the inherent dignity of the human
person,
Recalling that the Vienna Declaration and Programme of Action adopted by the
Second World Conference on Human Rights reaffirms that all human rights are universal,
indivisible and interdependent and interrelated,
Considering that the furtherance of the implementation of the International Covenant
on Economic, Social and Cultural Rights is conducive to the realization of the right to
development, .
Mindful
of
the particular importance attached by the Second World Conference on
Human Rights to optional communications procedures,
Emphasizing the role of the Committee on Economic, Social and Cultural Rights in
furthering the achievement of the purposes of the Covenant and the implementation of its
provisions,
Considering that it is appropriate to enable the Committee to receive and examine,
in accordance with the provisions of this Protocol, communications alleging violations of
the rights recognized in the Covenant,
Have agreed as follows:
Article 1
1. A State Party to the International Covenant on Economic, Social and Cultural Rights
that becomes a Party to the present Protocol recognizes the competence of the
Protocol Committee on Economic, Social and Cultural Rights (hereinafter referred
to as the Committee) to receive and examine communications submitted in accordance
with the provisions of the present Protocol, by any individual, group or organization
subject to its jurisdiction.
2. Unless the States Parties to the present Protocol agree otherwise, the Committee on
Economic, Social and Cultural Rights as established by decision 1985/17 of the
Economic and Social Council of the United Nations shall be the Committee for the
purposes of the present Protocol.
Article 2
1. Any individual, group or organization, claiming to be a victim of a violation of any
of the rights recognized in the Covenant may submit a written communication to the
Committee for examination.
2. States Parties to the present Protocol shall not hinder in any way the effective
exercise of the right of communication, shall protect individuals, groups and
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