On December 10^th, 2008, on the 60^th Anniversary of the Universal Declaration of Human Rights, the United Nations adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The adoption of the Optional Protocol represents an historic advance for human rights. Forty-two years after a similar mechanism was adopted for civil and political rights, those who suffer from violations of their economic, social and cultural rights are finally given equal status in the UN human rights system.  Their right to an effective remedy is recognized.

View the text of the Optional Protocol to the ICESCR

The Optional Protocol is important because it provides victims of economic, social and cultural rights violations who are not able to get an effective remedy in their domestic legal system with an avenue to get redress. As such, it corrects the longstanding imbalance in the protection of different human rights which marginalised economic, social and cultural rights.

Having an international complaint mechanism will also help develop the content of ESC rights  and related States’ obligations, as well as give guidance to national courts and human rights institutions.

Read the statement of the NGO Coalition addressed to the UN General Assembly

Read the Press Release of the NGO Coalition

Background

For decades, NGOs, social movements and academic experts have been advocating for the adoption of an Optional Protocol to the ICESCR. The steps taken by the United Nations since 2003 have enabled us to mobilise political support from states and to organise civil society for an active participation in the drafting process.

In 2004, the members of the United Nations came together, in the form of a working-group, to discuss the possibility of elaborating this Optional Protocol.

In June 2006, the first session of the Human Rights Council (replacing the UN Commission on Human Rights) finally decided to authorize the working-group to begin actual negotiations on the text of an Optional Protocol.

In April 2008, the working group finally agreed to transmit a draft text to the United Nations Human Rights Council.

Read more under http://www2.ohchr.org/english/issues/escr/intro.htm

In June 2008, the Human Rights Council approved by consensus the Optional Protocol to the ICESCR.

Read the Resolution of the Human Rights Council

Read the written statement of the Coalition to the Human Rights Council  

Read the Press Release of the Coalition (18 June 2008)

The work of civil society - amongst others- the International NGO Coalition over many years has greatly contributed to this achievement. The adoption of the Optional Protocol brings the possibility of international justice one step closer for millions of excluded people, groups, communities and peoples worldwide.

The text of the Optional Protocol as adopted in its final version includes important provisions for a better protection of ESCR:

• States Parties to the Covenant joining the Optional Protocol recognize the competence of the UN Committee on ESCR to receive and consider communications alleging violations of the economic, social and cultural rights set forth in the Covenant.
• The Optional Protocol provides for the possibility of so-called “interim measures” by providing that the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures to avoid possible irreparable damage to the victims of the alleged violations.
• The Optional Protocol also creates an inquiry procedure, setting out that if the Committee receives reliable information indicating grave or systematic violations of the Covenant, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to svubmit observations with regard to the information concerned. The inquiry may include a visit to the territory of the State Party concerned.
• The Optional Protocol requires that States take all appropriate measures to ensure that individuals under its jurisdiction are not subjected to any form of ill-treatment or intimidation as a consequence of communicating with the Committee pursuant to the Optional Protocol.

What Now?

The Optional Protocol does not come into force until 10 states have ratified it.  Victims of violations of ESC rights can only utilize the procedure after their state has ratified the Optional Protocol. So the next stage of our campaign is to get as many states as possible to sign and ratify the Optional Protocol.  For this campaign, we need your help. States will only ratify the Optional Protocol if civil society groups tell them how important it is to do so.

The Optional Protocol will be opened for signature at a signing ceremony in Geneva in March 2009. We will be campaigning to get as many states to join in this ceremony as possible. 

Join the Coalition and the Campaign for Ratification

The campaign for the adoption of a useful Optional Protocol has been coordinated by the International Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (or Coalition for an OP-ICESCR).

The Coalition brings together national, regional and international NGOs, individuals, social movements and community based organisations all committed to make the Optional Protocol a reality.  Because we needed to join forces on this issue, the Coalition made sure that we developed a common strategy and position and provided information about the process.

To join the coalition, please go to “Become a Member"