Abstract
The universality, indivisibility, interdependence and interrelatedness of all rights have been universally acclaimed since the drafting in 1948 of the Universal Declaration of Human Rights. However, despite the doctrine of indivisibility, civil and political rights (CPRs) have for a long time been treated as being enforceable judicially at the national, regional and international levels, while socio-economic rights (SERs) have not. With the elaboration and adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), which mandates the Committee on Economic, Social and Cultural Rights (CESCR) to consider individual communications detailing the violations of SERs, the justiciability of SERs was also fully recognised at the international level.This paper undertakes an analysis of the importance and implications of the individual communications procedure under the OP-ICESCR and details some of the reasons why it would be beneficial for South Africa to accede thereto. The argument for accession by South Africa to the OP-ICESCR departs from the premise that South Africa's ratification of the ICESCR is imminent. Having signed the ICESCR on 3 October 1994, the South African Cabinet on 10 October 2012 decided that South Africa should ratify the Covenant. The authors argue that acceding to the OP-ICESCR will complement domestic protection and will confirm South Africa's global leadership in the field of justiciable SERs. Logic dictates that South Africa should confirm at the international level its position as a world leader on the national justiciability and legal enforcement of SERs, as indeed it has done during the drafting process of the OP-ICESCR. Accession to OP-ICESCR, the argument continues, will not detract from the country's sovereignty, especially in the light of the requirement of the exhaustion of domestic remedies, including the condition that applicants must show that they have suffered a "clear disadvantage". In any event, South Africa already has undertaken obligations as to SERs under regional human rights treaties that are equal to and in some respect more arduous than the obligations emanating from the ICESCR.
 
Highlights
The universality, indivisibility, interdependence and interrelatedness of human rights have been affirmed internationally, for example, in the 1968 Declaration of Tehran[1] and in the 1993 Vienna Declaration and Programme of Action.[2]
The adoption and the coming into force of the OP-ICESCR provides an important opportunity for the enhanced protection, promotion and full realisation of socioeconomic rights in line with the international law principle of the indivisibility, interrelatedness and interdependence of rights
In empowering the CESCR to consider individual communications and through its inquiry procedure, it provides an important avenue for the continued effort at the reduction of poverty by providing an opportunity for individuals and communities at the margins of society to attack poverty-enhancing violations of socio-economic rights at the international level
Summary
The universality, indivisibility, interdependence and interrelatedness of human rights have been affirmed internationally, for example, in the 1968 Declaration of Tehran[1] and in the 1993 Vienna Declaration and Programme of Action.[2]. It has taken a broad approach in the elaboration of its numerous General Comments, based on its experience of considering State reports.[71] This broad elaboration had been due to the fact that State reporting is a dialogical exercise which does not generally entail the finding of violation of rights by State Parties This broad elaboration of socio-economic rights by the CESCR has been one of the criticisms against the adoption of the OP-ICESCR, in general, and the mandating of the CESCR to determine individual communications via the Optional Protocol, in.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
