F. Workshop on the justiciability of ESCR, with particular reference to the draft optional protocol to the ICESCR, 5–6 February 2001, Geneva

AuthorKitty Arambulo
Date01 June 2001
Published date01 June 2001
DOI10.1177/092405190101900205
Subject MatterArticle
Human
Rights
News
Conference agenda and that the declaration and the plan
of
action
of
the Conference
recognise the gender dimension
of
racism, xenophobia and related intolerance. It also
recommended that special measures to protect women and girls should be included in the
plan
of
action
of
the Conference.
It
called for the universal ratification
of
the Convention on
the Elimination
of
All Forms
of
Discrimination against Women and its Optional Protocol as
a critical strategy for the elimination
of
racism, racial discrimination, xenophobia and related
intolerance, as well as the revision and possible withdrawal
of
the substantive reservations
to the Convention.
F. Workshop on the justiciability of ESCR, with particular reference to the draft
optional protocol to the ICESCR, 5-6 February 2001,Geneva
KittyArambulo'
On 5 and 6 February, 2001, a workshop on thejusticiability
of
economic, social and cultural
rights with particular reference to the draft optional protocol to the International Covenant
on Economic, Social and Cultural rights (ICESCR) was held in Palais Wilson. The two-day
Workshopwas organised by the Office ofthe United Nations High Commissioner for Human
Rights (OHCHR) in Cupertino with the International Commission
of
Jurists (IC]) and with
the financial support
of
the Government
of
Finland. The workshop was organised pursuant
to Commission on Human Rights resolution 2000/9, encouraging the High Commissioner
to strengthen the research and analytical capacities
of
her Office in the field
of
economic,
Socialand cultural rights and to share her expertise, inter alia, through the holding
of
expert
meetings, and was also called for in Sub-Commission resolution 2000/9.
The justiciability
of
economic, social and cultural rights- a topic
of
debate in international
circles for years - as well as the more recent item of the draft optional protocol to the
ICESCR, were extensively discussed by experts, representatives
of
68 governments, as well
as representatives
of
international organisations and NGOs attending the conference. The
issue
of
justiciability is one
of
the major obstacles to progress with regard to the draft
Optionalprotocol to the ICESCR and wasthe main topic
of
the first day
of
the workshop. The
draft optional protocol to the ICESCR (submitted by the Committee on Economic, Social and
CUltural Rights to the Commission on Human Rights in 1996) was introduced to the
Participants by Prof. Philip Alston, the former chairperson
of
the Committee. The draft
optional protocol would provide for a complaints procedure for individuals and groups
concerning alleged violations
of
the rights in the Covenant. Various aspects
of
the draft
optional protocol, such as the rights to be subject to the complaints procedure, the persons
Orentities to be granted the right
of
complaint, as well as the follow-up procedures, were
elaborated upon on the second day. The workshop further discussed the possibilities how to
move forward the subject
of
the draft protocol to the Commission on Human Rights. A
majority
of
the experts saw the proposal
ofa
working group
of
the Commission as the best
alternative to continue consideration
of
the matter. A report
of
the workshop will be
submitted to the 57 th session
of
the Commission in March·ApriI2001.
More information on the workshop can be found on the OHCHR website,
http://www.unhchr.chlhtmVmenu2/escrwkshop.htm.
Officeof the High Commissioner for Human Rights.
187

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