Today, various international instruments allow for the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is responsible for their implementation, refers to it as ‘the ethical and legal basis for all the human rights work of the United Nations… the foundation upon which the international system for the protection and promotion of human rights has been developed' . Indeed, since its creation, the United Nations has tried to secure the promotion and protection of human rights worldwide. We can notice that the two Covenants deal with different rights in more details and provide a legally binding option. The General assembly agreed to the drafting of two distinct instruments to show a dual approach to human rights protection, but in a unite aim; that is why the two texts were requested to be presented at the same time, after a series of negotiations and consultations involving States, specialized agencies and NGOs.
[...] Among the seven functions of the reporting procedure, General Comment No (1989) names the importance of monitoring the situation of States “with respect to each of the enumerated rights in order to assess the extent to which the various rights are being enjoyed by all individuals within the country”. When States parties submit their reports, a standard procedure of consideration is followed by the Committee. First, a five-person pre- sessional working group will review the reports so as to give a preliminary consideration to them, appoints one member to give particular consideration to each report and develop written lists of questions based on disparities found in the reports. [...]
[...] Furthermore, at each of its sessions, the Committee holds a of general discussion” on particular provisions of the Covenant, particular human rights or other themes of direct relevance to the Committee in order to develop its understanding of the issues concerned. Finally, it seems useful to note that a Plan of Action to Strengthen the Implementation of the International Covenant on Economic, Social and Cultural Rights has been drawn up at the request of the Committee. It outlines again the importance of the Committee in monitoring the implementation of the rights protected in the Covenant, and explains the role of the Commission on Human Rights, the Economic and Social Council and the General Assembly. [...]
[...] Concerning the obligation to ‘protect', it requires the State to prevent violations of such rights by third parties. Thus, the State will prevent mining companies from appropriating lands of indigenous people or ensure that private employers comply with employment standards regarding safety at work. Moreover, the State has an obligation to ‘promote' that is to inform people of their rights and explain how they can enjoy these rights. This includes activities such as workshops, seminars and publications in the written media and other media such as radio and television. [...]
[...] Yet, the Preamble of the Covenant gives the general idea according which states have, under the Charter of the United Nations, an obligation to “promote universal respect for, and observance of, human rights and freedoms”. The Covenant will detail this notion with concern of the rights protected in it. Indeed, the accession of a State to the International Covenant on Economic, Social and Cultural Rights means legal implications, and particularly, it will have to ‘respect', ‘protect', ‘promote' and ‘fulfil' its obligations under the Covenant. [...]
[...] Smith, Textbook on International Human Rights, 2nd ed., Oxford University Press p As of October States have ratified the Covenant. Rhona K. M. Smith, Textbook on International Human Rights, 2nd ed., Oxford University Press p Ibid., p ICESCR, art ICESCR, art ICESCR, art A group of distinguished experts in international law, convened by the International Commission of Jurists, the Faculty of Law of the University of Limburg and the Urban Morgan Institute for Human Rights, University of Cincinnati, met in Maastricht on 2-6 June 1986 to consider [...]
Online readingwith our online reader
Content validatedby our reading committee