Asking whose lives matter in the battle for social, cultural, and economic rights
Published on open Democracy, by DANIELA IKAWA, Nov 19, 2016.
Why the failure to enforce social, cultural, and economic rights means that the lives of some groups are valued more than others.
2016 marks the 50th anniversary of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Over the past five decades, there has been growing recognition of economic, social and cultural rights in both international and domestic systems of law. However, there is still resistance to accepting the indivisibility between civil and political rights on the one hand and economic, social and cultural rights on the other. An example of such resistance can be found in the discussions of a new General Comment on the Right to Life by the UN Human Rights Committee, particularly in regards to the right to housing. As stressed by the UN Special Rapporteur Leilani Fahra in her last report on the right to adequate housing: “the death rate among homeless people ranges from two to ten times higher than for those who are not homeless” (A/71/310, August 2016). This is, therefore, a matter that requires urgent recognition … //
… Finally, there are concerns over the growing complexity of human rights protection and whether courts will be able to cope. Indeed, positive states obligations and indivisibility among rights do increase the complexity of protection. However, these changes increase complexity in a way that is unavoidable for the strong protection of rights: a protection that will cover all individuals, in all circumstances, whether they be poor or rich, black or white, woman or man, at any age, with any disability, no matter what choice of sexuality or gender identity. The only means of fulfilling human right’s promise of equality and universality is to embrace that complexity.
In summation, for all lives to matter, particularly those of the silenced and oppressed, the UN System must adopt an interpretation of the right to life that encompasses both economic, social and cultural rights and positive state obligations.
(full text, related links).
Related Links:
some of the many Articles and Texts about ESCR and OP-ICESCR:
- Putting universality into the Universal Periodic Review, on open Democracy, by ALLISON CORKERY, October 24, 2016: the Human Rights Council’s Universal Periodic Review is systematically marginalizing economic and social rights. A contribution to the openGlobalRights debate on economic and social rights (Español);
- Economic, Social and Cultural Causes of the Death Penalty and Torture in Pakistan, on World Organisation Against Torture OMCT, Sept 13, 2016;
- Phantom rights: the systemic marginalization of economic and social rights, on open Democracy, by PHILIP ALSTON, Aug 4, 2016: neither the UN nor civil society is doing much about the deep resistance of many states to proper recognition of economic and social rights. A contribution to openGlobalRights’ economic and social rights debate (Español);
- The (OP-ICESCR-) Text, on OHCHR.org, 9 pages;
- Take Action to advance the ratification of the OP-ICESCR / Sept-Dec 2016, on ESCR-Net.org, by Working Group of OP-ICESCR, Fall 2016. Key messages: 50th Anniversary of the International Human Rights Covenants, access to justice for all human rights, OP-ICESCR ratification as a step towards Sustainable Development Goal 16, on the provision of access to justice for all and building accountable institutions. Key dates: September 24th and December 10th;
- Historic step towards access to justice for ESCR violations at UN, on open Democracy, by CHRIS GROVE and DANIELA IKAWA, Dec 1, 2015: amid 400,000 foreclosures, the UN Committee on ESCR finds Spain in violation of the right to housing in its first case. A contribution to the openGlobalRights debate on economic and social rights (Español);
- more about OP-ICESCR on Google News-search;
- more on Economic, Social and Cultural Rights ESCR on Google News-search;
Websites:
- Optional Protocol to the International Covenant on Economic, Social and Cultural Rights OHCHR.org, a big UN website inside of the OHCHR.org, in all six UN languages; /Sitemap; /Committee on Economic, Social and Cultural Rights, the Covenant’s monitoring body;
- ONG-Website, in en, fr, es, ar: Economic, Social and Cultural Rights ESCR-Net.org; /about/what we do; /about/who we are; /NGO Coalition for the OP-ICESCR; /ESCR-Net’s Global Strategy Meeting, on ESCR-Net.org, November 2016; /Women and ESCR; /Economic Policy and Human Rights; /Social Movements and Grassroots Groups; and many more;
on en.wikipedia:
- Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to adequate standard of living, right to health and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take “progressive action” towards their fulfilment …; /See also;
- Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008,[1] and opened for signature on 24 September 2009.[2] As of October 2016, the Protocol has 45 signatories and 22 state parties.[3] It entered into force on 5 May 2013 …; /See also; /External Links;
Other Links:
France isn’t multicultural, flash poll finds Francois Fillon wins primary debate with Alain Juppé, on RT, Nov 25, 2016;
Don’t go any further, Erdogan accuses EU of betrayal, threatens to open borders for migrants, on RT, Nov 25, 2016; (my comment: I wonder if our submitted EU softy-elite will accept this, but if yes, wait for the people’s reaction – Heidi);
Erdoğan says Turkey will open gates to Europe for refugees if Europe goes too far, on Daily Sabah, Nov 24, 2016: Turkey would open the gates for refugees to travel to Europe if the European Union goes too far on Friday, after the European Parliament (EP) approved a motion to temporarily freeze membership talks with Turkey on Thursday;
Wikileaks MESSAGE SENT to ‘The Paid Anti-Trump Protesters’ has Trump Cheering, 2.50 min, uploaded by Culture Shock News, Nov 14, 2016;
US: Paid less, no insurance, no maternity leave, no childcare, unequal state of the union, on Le Monde diplomatique english, by Florence Beaugé, November 2016: American feminism is into its fourth generation, but many of the problems facing women are worse than elsewhere in the world, especially if they are poor or black;
Spain’s Turmoil and Europe’s Crisis, on Foreign Policy in Focus, by Conn Hallinan, Oct 10, 2016: The problems facing the Spanish left mirror the crisis engulfing Europe
Comment épouser un milliardaire – avec Audrey Vernon, extrait Estivales 2012, 31.17 min, mise en ligne par Audrey Vernon … davantage en autoplay … et des extraits du show dans YouTube-search;
Audrey Vernon sur l’élection de François Hollande face a Edwy Plenel et Rosanvallon, 17.45 min, mise en ligne par Audrey Vernon … à Ce soir ou jamais du 8 mai 2012;
Film-Docu: AMERICA — From Freedom To Fascism (Full Length), 109.28 min, uploaded by Preserve Our Freedoms … Is there a law which requires you to pay the Federal Income Tax? Is the Federal Reserve a part of the United States Government, or is it a private bank owned and operated by multinational corporate interests? Do they have our nation’s best interests at heart? Unless something changes, what does the future of the United States look like? The answer to all these questions and more in this incredible documentary by legendary filmmaker Aaron Russo (February 14, 1943 – August 24, 2007);
… and this:
- Primavera Porteña – Astor Piazzolla, 5.32 min, uploaded by Júlio Pimentel … many more classic music in autoplay.