Abstract

This chapter discusses the main UN treaty focused on the protection of economic, social and cultural rights: the International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as its optional complaints procedure, the Optional Protocol to the ICESCR (OP-ICESCR). It covers four aspects: (a) the historical and contextual framework for the adoption of both treaties; (b) the main rights, principles and State obligations recognized by the ICESCR; (c) the specific mechanisms of protection, including the jurisprudence of the Committee on Economic, Social and Cultural Rights (CESCR); and (d) CESCR’s nascent implementation procedure for remedies in individual communications. While the entry into force of the Optional Protocol in 2013 strengthened the view that ESCR matter as much as civil and political rights, the recent establishment of a participatory follow-up process could enhance the levels of implementation at the UN Treaty Body System. In the coming years, the joint work of a strong CESCR and innovative NGOs might lead the System to have greater visibility not only in the protection of ESCR but also in the protection of human rights more broadly.

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