Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?

Abstract

Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) that would provide for the adjudication of individual and group complaints against states under that Covenant. Participating states were in sharp disagreement over the viability of the proposal, however, and the session ended in disarray. Since the Commission has recommended renewal of the Working Group’s mandate for two years, the issue remains open.