So what good is the protocol if it's "optional"?!! The offenders typically
won't sign on to a protocol that will constrain their actions. This is more
feel-good activism.
--JHN
-----Original Message-----
From: The Disability-Research Discussion List
[mailto:[log in to unmask]] On Behalf Of Frank Hall-Bentick
Sent: Saturday, January 03, 2009 4:19 PM
To: [log in to unmask]
Subject: UN Generl Assembly Passes Optional Protocol Economic, Social &
Cultural Rights
UNITED NATIONS
Press Release
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xxxxxxxxxx Closing a historic gap in human rights
xxxxxxxxxx
The UN General Assembly has achieved an important goal to strengthen
international protection of human rights as it celebrates the 60th
anniversary of the Universal Declaration
NEW YORK - The United Nations General Assembly adopted an important
new human rights instrument to strengthen the protection of economic, social
and cultural rights during its plenary sessions commemorating the 60th
anniversary of the Universal Declaration on Human Rights, on 10 December,
2008.
"The approval of the Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights is of singular importance by closing
a historic gap," stated the UN High Commissioner for Human Rights, Navi
Pillay, in her address to the General Assembly
Under the Protocol, individuals will be able to complain to an
independent human rights body at the international level about violations of
rights enshrined in the International Covenant on Economic, Social and
Cultural Rights.
Apart from providing a voice to victims of human rights violations,
the Protocol also "makes them better equipped to enlist the international
community's help to address their plight", Pillay said.
The Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights represents a milestone in the history of
universal human rights, making a strong and unequivocal statement about the
equal value and importance of all human rights and the need for strengthened
legal protection of economic, social and cultural rights.
"The Universal Declaration wisely chose not to rank rights. On the
contrary, it recognized the equal status of political and civil rights with
economic, social and cultural rights, and underlined that all rights are
inextricably linked," Pillay added. "Violations of a set of rights
reverberate on other rights and enfeeble them all."
As the UN Secretary-General Ban Ki-moon noted, the recent food
emergencies, the degradation of the natural environment, the current
financial crisis and the unrest that they engender all underscore that those
who are at the frontlines of hardship are also likely to be the victims of
the ripple effects of human rights violations.
The Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights is a key step forward towards a unified vision of
human rights of the Universal Declaration. Importantly, it will enable
victims to seek justice for violations of their economic, social and
cultural rights at the international level for the first time.
The Protocol adopted by the General Assembly on 10 December, had
been approved by the Human Rights Council in June and by the Third Committee
last month. It will now be opened for signature during 2009 and enter into
force once it has been ratified by ten States.
____________________________________________________________________
ATTAHCED IS UN GA THIRD COMMITTEE TEXT OF OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL & CULTURAL RIGHTS.
____________________________________________________________________
UN International Covenant on Economic, Social & Cultural Rights
http://www2.ohchr.org/english/law/cescr.htm
____________________________________________________________________
The Optional Protocol to the UN Covenant on Economic, Social & Cultural
Rights, will make it possible for individual, groups or organizations acting
on their behalf to seek justice at the international level for violations of
economic, social and cultural rights by submitting complaints to the UN
Committee on Economic, Social and Cultural Rights. The adoption of the
Optional Protocol also provides support to efforts to get greater
recognition of economic, social and cultural rights in domestic law and
before courts, and will strengthen our monitoring role, as civil society
organizations.The NGO Coalition for the Optional Protocol Steering Committee
_____________________________________________________________
http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/91C1D8EE6
730CD72C125746C00548987?OpenDocument
HUMAN RIGHTS COUNCIL ACHIEVES MILESTONE, ADOPTING OPTIONAL PROTOCOL TO
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
18 June 2008
The United Nations High Commissioner for Human Rights Louise Arbour today
congratulated the Human Rights Council on its adoption of an important new
human rights instrument to strengthen the protection of economic, social and
cultural rights.
"This is a highly significant achievement", she said. "The Protocol will
provide an important platform to expose abuses that are often linked to
poverty, discrimination and neglect, and that victims frequently endure in
silence and helplessness. It will provide a way for individuals, who may
otherwise be isolated and powerless, to make the international community
aware of their situation."
The Optional Protocol will allow persons to petition an international
human rights body about violations of rights guaranteed in the International
Covenant on Economic, Social and Cultural Rights. Adopted by the Human
Rights Council on 18 June, the Protocol is expected to get the final
approval by the United Nations General Assembly later this year. Thereafter,
the Protocol will enter into force once it has been ratified by 10 States.
"Since the adoption of the two core international human rights covenants
in 1966, the lack of a complaint procedure for economic, social and cultural
rights has been a missing piece in the international human rights protection
system" Arbour said. "As we are celebrating the 60-year anniversary of the
Universal Declaration of Human Rights, the Optional Protocol reaffirms our
commitment to a unified and comprehensive vision of human rights, sending a
strong, unequivocal message about the equal value and importance of all
human rights."
With its adoption of the Optional Protocol, the Human Rights Council
brings to fruition a process set in motion by the 1993 Vienna World
Conference on Human Rights prompting the Committee on Economic, Social and
Cultural rights to prepare a first draft optional protocol in 1996 and
leading to the commencement of intergovernmental negotiations in 2004.
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