Economic, Social, and Cultural Rights. 13 (Twenty-first session, 1999) The right to education (article 13 of the Covenant) 1. E/C.12/1999/4 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. Edited by Leckie, Scott / Gallagher, Anne. The Human Rights Committee comes to a similar interpretation in General Comment No. 5 and 6 of CESCR. The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 15 (1)(a) of the International Covenant on Economic, Social and Cultural Rights. 26, 1999. 3 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Economic, Social, and Cultural Rights. 18, paragraphs 6 and 7. If it is true that, for a long [ESPAÑOL] [FRANÇAIS] CESCR is the Covenant on Economic, Social and Cultural Rights. United Nations. A Legal Resource Guide. 4: The Right to Adequate Housing (Art. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. (General Comments) Convention Abbreviation: CESCR SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General comment No. 20 (hereinafter CESCR General Comment No.16), Para. 9 (1998) on the Domestic Application of the Covenant. 12 of … 13), 8 December 1999, E/C.12/1999/10; 7 IHRR 303 (2000) at para. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through GA. HRI/GEN/1/Rev.6 at 59 (2003). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). 11 at para. 15 1.The right to work is a fundamental right, recognized in several international legal instruments. HRI/GEN/1/Rev.6 at 59 (2003). 11: Plans of action for primary education (article 14) (1999) (Adopted by the Committee on Economic, Social and Cultural Rights at the … Committee on Economic, Social and Cultural Rights, General Comment 19, The right to social security (art. E/C.12/1999/4 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 46 See general comment No. 39; Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. See CESCR, General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities, U.N. Doc. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … (“CESCR”) took an unusual step in issuing its “General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . We are aware that the Committee is concerned with the right to health as evidenced by your General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . 15 (referring to the responsibility to protect as an 'emerging guiding principle'); UN Secretary-General's High-Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility, 2004, para. 5 See General Comments Nos. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. HRI/GEN/Rev.1 (1994), para. E/C.12/KWT/CO/2, December 19, 2013, para. 9 The domestic application of the Covenant * A. 62 CESCR General Comment 13: Right to education (art. The Committee has adopted a similar position in previous general comments. 36 8 CESCR General Comment 12, para. General comment No. CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. [ESPAÑOL] 3 and 9. 5 and 6 of CESCR. 45 See general comment No. E/C.12/GC/19 (2008). UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 3, supra note 45, para 9 9. In particular, the General Comment: Recognizes that medical services need to be available, accessible, acceptable, and of good quality (AAAQ framework); The principal obligation of result reflected in article 2 (1) is to take steps “with a view to achieving progressively the full realization of the rights recognized” in the Covenant. 6 and 7. Home» CESCR General Comment 13: The Right to Education (Article 13) CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. 11 of the Covenant), 12 May 1999. According to the CESCR, the notion of the “minimum core” of fundamental rights expresses the idea that the state must give priority to the most urgent needs of individuals. 24. With regard to the justiciability of social economic rights which the 2 nd respondent also challenges, I can do no better than to quote General Comment No. 11 (1) of the Covenant) Adopted at the Sixth Session of the Committee on Economic, Social and Cultural Rights, on 13 December 1991 (Contained in Document E/1992/23) 1. 7 CESCR, general comment No. 2 Committee on Economic, Social and Cultural Rights (hereinafter CESCR), General Comment No. CESCR, General Comment 24 on State Obligations under the ICESCR in the Context of Business Activities, UN Doc E/C.12/GC/24 (23 June 2017); CESCR, General Comment 23: The Right to Just and Favourable Conditions of Work, UN Doc. General Comment 9, The domestic application of the Covenant (Nineteenth session, 1998), U.N. Doc. 1979 Convention on the elimination of all forms of discrimination against women. Get Access to Full Text. 12: The Right to Adequate Food (Art. Economic, social, and cultural rights … Not until the UN Committee on Economic, Social and Cultural Rights (‘CESCR’) issued General Comment No 15 on the human right to water in 2002 was access to drinking and sanitation water authoritatively defined as a human right. 9 Committee on Economic, Social and Cultural Rights, Concluding observations on the second periodic report of Kuwait, UN Doc. 2000. 14 [hereinafter GC 14], ¶ 29: the least restrictive alternative must be adopted where several types of limitations are available. E/1990/23, Annex III; Gen­eral Comment 3, The nature of States parties’ obli­gations (Article 2, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. General comment No. Español University of Pennsylvania Press. On 10 December 2008, the General Assembly adopted the The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). The Committee on Economic, Social and Cultural Rights (CESCR) is the body of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. Introduction and basic premises 1. The general comments that are under discussion by the treaty bodies are listed hereby. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter General Comment No. Statute) have been used by some States to frame victims’ procedures for domestic international crimes 22: Sexual and Reproductive Health. – … 9 UN Committee on Economic, Social and Cultural Rights, “CESCR General Comment No. 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 22 of the Covenant) (1990), UN Doc. 28, are the only General Comments that directly mention Article 4 ICESCR. 1 Committee on Economic, Social and Cultural Rights, General Comment No. 25 (2020) on science and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4) of the International Covenant on Economic, Social and Cultural Rights) * I.Introduction and basic premises 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.”1 Unlike most of CESCR’s other General Comments, General Comment No. CESCR General Comment No. 8, U.N. Doc. Persons with disabilities (Eleventh session, 1994)*1. 5 See General Comments Nos. General Comment No. 12), 11 August 2000, E/C.12/2000/4; 8 IHRR 1 (2001) at para. 6 and 7. Treaties can be sneaky and go by a lot of different names, like Charter, Pact, Covenant, Protocol, etc. See also the practice of the Committee in its concluding observations on reports of States parties to the Covenant. The CESCR has identified two aspects of the implementation of ESCR that are always justiciable: Minimum Core Obligations: States must meet the minimum core obligation of the right. For example, States must ensure the general availability of essential food, primary health care, basic shelter, and basic education. CESCR, General Comment No. 03/12/98. Rights (CESCR) adopted General Comment No. 2 Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Health , para. General Comments are documents in which un treaty bodies clarify their interpretation of a provision or thematic issue relevant to the treaty they are mandated to monitor, and they have a quasi-authoritative status in international human rights law. 44 See general comment No.14 (2000) on the right to the highest attainable standard of health (art. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. Committee on Economic, Social and Cultural Rights. 16, The Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights, U.N. Doc. UN Commission on human rights, human rights and the environment., 9 March 1994, E/CN.4/RES/1994/65. 9: The Domestic Application of the Covenant, UN Doc. 9: The domestic application of the Covenant, U.N. Doc. On 10 August 2017, the Committee on Economic, Social and Cultural Rights (hereafter, the “Committee”) released its General Comment No. Committee on Economic, Social and Cultural Rights, General Comment No. 15, para. 7 CESCR General Comment 12, para. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Monitoring the economic, social and cultural rights. The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community 1/.Thus a 1992 review by the Secretary-General of the … 16. The domestic application of the Covenant : . CESCR General Comment No. The Committee was established under ECOSOC Resolution … 10. CESCR, General Comment 2, International technical assistance measures (Art. 42; and CESCR General Comment 14: Right to the highest attainable standards of health (art. 12). Committee on Economic, Social and Cultural Rights, General Comment No. Get Access to Full Text. 14: The right to the highest attainable standard of health, U.N. … 13, 14, 15, 17 and 19, and its new reporting guidelines (E/C.12/2008/2). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and CESCR General Comment No. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. Committee on Economic, Social and Cultural Rights Forty-third session 2–20 November 2009 General comment No. 9 (1998) on the Domestic Application of the Covenant. 6. This treaty body was created in 1987 in order to monitor and encourage States to uphold and implement their international obligations under the international human rights treaty ICESCR. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. 20: Nondiscrimination in Economic, Social, and Cultural Rights This General Comment provides more guidance on the interpretation of Article 2, paragraph 2 of the ICESCR. 6. 14: The Right to the Highest Attainable Standard of Health (Art. CESCR General Comment No. E/C.12/2000/4 (2000) [hereinafter CESCR General Comment 14], available at HRI/GEN/1/Rev.6 at 24 (2003). 15 17 (2005) The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (article 15, paragraph 1 (c), of the Covenant) GE.06 ‑40060 (E) 020206 I. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. This is the first ever General Comment to focus exclusively on sexual and reproductive health. E/C.12/1998/24, 3 December 1998; ¶ Committee on the Rights of the Child, General Comment No. Edited by Leckie, Scott / Gallagher, Anne. 6, The economic, social and cultural rights of older persons, August 1995 (English only) Committee on the Elimination of Discrimination against Women (CEDAW): General Recommendation no. 24 (2017) on State obligations under the ICESCR in the context of business activities. Social security and income‑maintenance schemes are of particular importance for persons with disabilities. UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Committee on Economic, Social and Cultural Rights, General Comment 14, The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. ICESCR is monitored by the treaty body called the Committee on Economic, Social and Cultural Rights (CESCR). 39; Committee on Economic, Social and Cultural Rights, General Comment No. 4 The Right to Adequate Housing (art 11(1) (1991) at para. take-kuwait-s-stateless-1.1828738 (accessed October 9, 2017). 14: The Right to the Highest Attainable Standard of Health This General Comment provides more guidance on the interpretation of Article 12 of the ICESCR. Committee on Economic, Social and Cultural Rights regarding the discussion and eventual adoption of a General Comment on the right to participate in cultural life (art. 18, paras. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. University of Pennsylvania Press. This general comment was adopted by the Committee on Economic, Social and Cultural Rights in 1995. 19: The right to social security (Art. 4, 42 and 44, para. Citation Information. 202, available at report2.pdf (last visited 3 June 2009), endorsing the 14 issued in 2000. In this letter, we will provide you with data related to the consequences of sexual assault, maternal mortality and abortion care. A Legal Resource Guide. 8 See also CESCR general comment No. 8 9 CESCR General Comment 12, para. 2 (2)) For General Comments by the Committee on Economic, Social and Cultural Rights, see 15, para. General comment 14: the right to the highest attainable standard of health (Art. Introduction and basic premises 1. International Covenant on Economic, Social and Cultural Rights (ICESCR) Entered into force: 3 January 1976. 58. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General discussion on a draft general comment on article 15 of the International Covenant on Economic, Social and Cultural Rights: on the right to enjoy the benefits of scientific progress and its applications and other provisions of article 15 on the relationship between science and economic, social and cultural rights With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at UN Doc. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. E/C.12/1998/24, 3 December 1998, para. - CESCR General Comment 3: The nature of States parties obligations (Article 2(1)),-CESCR General Comment 9: The domestic application of the covenant, - CESCR General Comment 20: Non-Discrimination in Economic, Social and Cultural Rights (Art. 22 of the Covenant) (Fourth session, 1990), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. E/C.12/2005/4, 11 August 2005, Para. 5, Persons with disabilities (Eleventh session, 1994), U.N. Doc E/1995/22 at 19 (1995), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 16 (2005): The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. General Comment 24, Business]. Language doc docx pdf html other ; English .pdf : TreatyBodies/E : E/C.12/1998/24: en: DocStore : English: Français .pdf : TreatyBodies/E : E/C.12/1998/24 The Human Rights Committee comes to a similar interpretation in General Comment No. With regard to social security, it sets out the following: 28. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. CESCR General Comment No. protected in the International Covenant on Economic, Social and Cultural Rights (CESCR). interpretation in its general comment No. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. General Recommendation 28), Paras.9 and 37 and in general; CESCR, General Comment No. 9) (Thirty-ninth session, 2007), U.N. Doc. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. CESCR General Comment 14, paras 43, 44 and 47. 1 of the Covenant) (1990), UN Doc. Google Scholar 12. 1. c) General Comment No. 1 and 2. CEDAW: Day of General discussion on the rights of indigenous women and girls. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions … UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter . Introduction and Basic Premises. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. HRI/GEN/Rev.1 (1994), para. 17 (2006) on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, paras. Rights (CESCR) adopted General Comment No. 1 of the Covenant) (1990), UN Doc. 24]. 15 10 CESCR General Comment 12, para 14 and 17. GENERAL E/C.12/1999/10 8 December 1999 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Twenty-first session 15 November-3 December 1999 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General Comment No. 18 Adopted on 24 November 2005 Article 6 of the International Covenant on Economic, Social and Cultural Rights GE.06 ‑40313 (E) 080206 I. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. 2 (1990) on international technical assistance measures (art. 9. Committee on Economic, Social and Cultural Rights (CESCR): General Comment no. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … Citation Information. The duty to give effect … E/C.12/1998/24 (1998), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 12), para. Concluding Observations follow “the review of a state party report [and contain the treaty E/C.12/2000/4 (2000) (hereinafter: CESCR General Comment 14). 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 3 CESCR, General Comment No.12 The Right to Adequate Food (art. Statute) have been used by some States to frame victims’ procedures for domestic international crimes HRI/GEN/1/Rev.6 at 54 (2003). UNCHR. 3). E/C.12/1998/24, CESCR General comment 9. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. E/C.12/GC/23 (8 March 2016) paras. 11(1):Forced Evictions, at para. 24 on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities,UN Doc. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. This general comment replaces general comment 9 (the sixteenth session, 1982) reflecting and further developing it. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. See CESCR general comments Nos. 59 Harris and Joseph ( eds ), General Comment was adopted Human... Similar position in previous General Comments that directly mention Article 4 ICESCR e/c.12/2000/4 ), the! 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The Human Rights Committee comes to a similar interpretation in General Comment No. 5 and 6 of CESCR. The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 15 (1)(a) of the International Covenant on Economic, Social and Cultural Rights. 26, 1999. 3 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Economic, Social, and Cultural Rights. 18, paragraphs 6 and 7. If it is true that, for a long [ESPAÑOL] [FRANÇAIS] CESCR is the Covenant on Economic, Social and Cultural Rights. United Nations. A Legal Resource Guide. 4: The Right to Adequate Housing (Art. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. (General Comments) Convention Abbreviation: CESCR SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General comment No. 20 (hereinafter CESCR General Comment No.16), Para. 9 (1998) on the Domestic Application of the Covenant. 12 of … 13), 8 December 1999, E/C.12/1999/10; 7 IHRR 303 (2000) at para. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through GA. HRI/GEN/1/Rev.6 at 59 (2003). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). 11 at para. 15 1.The right to work is a fundamental right, recognized in several international legal instruments. HRI/GEN/1/Rev.6 at 59 (2003). 11: Plans of action for primary education (article 14) (1999) (Adopted by the Committee on Economic, Social and Cultural Rights at the … Committee on Economic, Social and Cultural Rights, General Comment 19, The right to social security (art. E/C.12/1999/4 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 46 See general comment No. 39; Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. See CESCR, General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities, U.N. Doc. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … (“CESCR”) took an unusual step in issuing its “General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . We are aware that the Committee is concerned with the right to health as evidenced by your General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . 15 (referring to the responsibility to protect as an 'emerging guiding principle'); UN Secretary-General's High-Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility, 2004, para. 5 See General Comments Nos. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. HRI/GEN/Rev.1 (1994), para. E/C.12/KWT/CO/2, December 19, 2013, para. 9 The domestic application of the Covenant * A. 62 CESCR General Comment 13: Right to education (art. The Committee has adopted a similar position in previous general comments. 36 8 CESCR General Comment 12, para. General comment No. CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. [ESPAÑOL] 3 and 9. 5 and 6 of CESCR. 45 See general comment No. E/C.12/GC/19 (2008). UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 3, supra note 45, para 9 9. In particular, the General Comment: Recognizes that medical services need to be available, accessible, acceptable, and of good quality (AAAQ framework); The principal obligation of result reflected in article 2 (1) is to take steps “with a view to achieving progressively the full realization of the rights recognized” in the Covenant. 6 and 7. Home» CESCR General Comment 13: The Right to Education (Article 13) CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. 11 of the Covenant), 12 May 1999. According to the CESCR, the notion of the “minimum core” of fundamental rights expresses the idea that the state must give priority to the most urgent needs of individuals. 24. With regard to the justiciability of social economic rights which the 2 nd respondent also challenges, I can do no better than to quote General Comment No. 11 (1) of the Covenant) Adopted at the Sixth Session of the Committee on Economic, Social and Cultural Rights, on 13 December 1991 (Contained in Document E/1992/23) 1. 7 CESCR, general comment No. 2 Committee on Economic, Social and Cultural Rights (hereinafter CESCR), General Comment No. CESCR, General Comment 24 on State Obligations under the ICESCR in the Context of Business Activities, UN Doc E/C.12/GC/24 (23 June 2017); CESCR, General Comment 23: The Right to Just and Favourable Conditions of Work, UN Doc. General Comment 9, The domestic application of the Covenant (Nineteenth session, 1998), U.N. Doc. 1979 Convention on the elimination of all forms of discrimination against women. Get Access to Full Text. 12: The Right to Adequate Food (Art. Economic, social, and cultural rights … Not until the UN Committee on Economic, Social and Cultural Rights (‘CESCR’) issued General Comment No 15 on the human right to water in 2002 was access to drinking and sanitation water authoritatively defined as a human right. 9 Committee on Economic, Social and Cultural Rights, Concluding observations on the second periodic report of Kuwait, UN Doc. 2000. 14 [hereinafter GC 14], ¶ 29: the least restrictive alternative must be adopted where several types of limitations are available. E/1990/23, Annex III; Gen­eral Comment 3, The nature of States parties’ obli­gations (Article 2, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. General comment No. Español University of Pennsylvania Press. On 10 December 2008, the General Assembly adopted the The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). The Committee on Economic, Social and Cultural Rights (CESCR) is the body of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. Introduction and basic premises 1. The general comments that are under discussion by the treaty bodies are listed hereby. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter General Comment No. Statute) have been used by some States to frame victims’ procedures for domestic international crimes 22: Sexual and Reproductive Health. – … 9 UN Committee on Economic, Social and Cultural Rights, “CESCR General Comment No. 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 22 of the Covenant) (1990), UN Doc. 28, are the only General Comments that directly mention Article 4 ICESCR. 1 Committee on Economic, Social and Cultural Rights, General Comment No. 25 (2020) on science and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4) of the International Covenant on Economic, Social and Cultural Rights) * I.Introduction and basic premises 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.”1 Unlike most of CESCR’s other General Comments, General Comment No. CESCR General Comment No. 8, U.N. Doc. Persons with disabilities (Eleventh session, 1994)*1. 5 See General Comments Nos. General Comment No. 12), 11 August 2000, E/C.12/2000/4; 8 IHRR 1 (2001) at para. 6 and 7. Treaties can be sneaky and go by a lot of different names, like Charter, Pact, Covenant, Protocol, etc. See also the practice of the Committee in its concluding observations on reports of States parties to the Covenant. The CESCR has identified two aspects of the implementation of ESCR that are always justiciable: Minimum Core Obligations: States must meet the minimum core obligation of the right. For example, States must ensure the general availability of essential food, primary health care, basic shelter, and basic education. CESCR, General Comment No. 03/12/98. Rights (CESCR) adopted General Comment No. 2 Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Health , para. General Comments are documents in which un treaty bodies clarify their interpretation of a provision or thematic issue relevant to the treaty they are mandated to monitor, and they have a quasi-authoritative status in international human rights law. 44 See general comment No.14 (2000) on the right to the highest attainable standard of health (art. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. Committee on Economic, Social and Cultural Rights. 16, The Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights, U.N. Doc. UN Commission on human rights, human rights and the environment., 9 March 1994, E/CN.4/RES/1994/65. 9: The Domestic Application of the Covenant, UN Doc. 9: The domestic application of the Covenant, U.N. Doc. On 10 August 2017, the Committee on Economic, Social and Cultural Rights (hereafter, the “Committee”) released its General Comment No. Committee on Economic, Social and Cultural Rights, General Comment No. 15, para. 7 CESCR General Comment 12, para. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Monitoring the economic, social and cultural rights. The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community 1/.Thus a 1992 review by the Secretary-General of the … 16. The domestic application of the Covenant : . CESCR General Comment No. The Committee was established under ECOSOC Resolution … 10. CESCR, General Comment 2, International technical assistance measures (Art. 42; and CESCR General Comment 14: Right to the highest attainable standards of health (art. 12). Committee on Economic, Social and Cultural Rights, General Comment No. Get Access to Full Text. 14: The right to the highest attainable standard of health, U.N. … 13, 14, 15, 17 and 19, and its new reporting guidelines (E/C.12/2008/2). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and CESCR General Comment No. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. Committee on Economic, Social and Cultural Rights Forty-third session 2–20 November 2009 General comment No. 9 (1998) on the Domestic Application of the Covenant. 6. This treaty body was created in 1987 in order to monitor and encourage States to uphold and implement their international obligations under the international human rights treaty ICESCR. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. 20: Nondiscrimination in Economic, Social, and Cultural Rights This General Comment provides more guidance on the interpretation of Article 2, paragraph 2 of the ICESCR. 6. 14: The Right to the Highest Attainable Standard of Health (Art. CESCR General Comment No. E/C.12/2000/4 (2000) [hereinafter CESCR General Comment 14], available at HRI/GEN/1/Rev.6 at 24 (2003). 15 17 (2005) The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (article 15, paragraph 1 (c), of the Covenant) GE.06 ‑40060 (E) 020206 I. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. This is the first ever General Comment to focus exclusively on sexual and reproductive health. E/C.12/1998/24, 3 December 1998; ¶ Committee on the Rights of the Child, General Comment No. Edited by Leckie, Scott / Gallagher, Anne. 6, The economic, social and cultural rights of older persons, August 1995 (English only) Committee on the Elimination of Discrimination against Women (CEDAW): General Recommendation no. 24 (2017) on State obligations under the ICESCR in the context of business activities. Social security and income‑maintenance schemes are of particular importance for persons with disabilities. UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Committee on Economic, Social and Cultural Rights, General Comment 14, The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. ICESCR is monitored by the treaty body called the Committee on Economic, Social and Cultural Rights (CESCR). 39; Committee on Economic, Social and Cultural Rights, General Comment No. 4 The Right to Adequate Housing (art 11(1) (1991) at para. take-kuwait-s-stateless-1.1828738 (accessed October 9, 2017). 14: The Right to the Highest Attainable Standard of Health This General Comment provides more guidance on the interpretation of Article 12 of the ICESCR. Committee on Economic, Social and Cultural Rights regarding the discussion and eventual adoption of a General Comment on the right to participate in cultural life (art. 18, paras. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. University of Pennsylvania Press. This general comment was adopted by the Committee on Economic, Social and Cultural Rights in 1995. 19: The right to social security (Art. 4, 42 and 44, para. Citation Information. 202, available at report2.pdf (last visited 3 June 2009), endorsing the 14 issued in 2000. In this letter, we will provide you with data related to the consequences of sexual assault, maternal mortality and abortion care. A Legal Resource Guide. 8 See also CESCR general comment No. 8 9 CESCR General Comment 12, para. 2 (2)) For General Comments by the Committee on Economic, Social and Cultural Rights, see 15, para. General comment 14: the right to the highest attainable standard of health (Art. Introduction and basic premises 1. International Covenant on Economic, Social and Cultural Rights (ICESCR) Entered into force: 3 January 1976. 58. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General discussion on a draft general comment on article 15 of the International Covenant on Economic, Social and Cultural Rights: on the right to enjoy the benefits of scientific progress and its applications and other provisions of article 15 on the relationship between science and economic, social and cultural rights With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at UN Doc. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. E/C.12/1998/24, 3 December 1998, para. - CESCR General Comment 3: The nature of States parties obligations (Article 2(1)),-CESCR General Comment 9: The domestic application of the covenant, - CESCR General Comment 20: Non-Discrimination in Economic, Social and Cultural Rights (Art. 22 of the Covenant) (Fourth session, 1990), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. E/C.12/2005/4, 11 August 2005, Para. 5, Persons with disabilities (Eleventh session, 1994), U.N. Doc E/1995/22 at 19 (1995), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 16 (2005): The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. General Comment 24, Business]. Language doc docx pdf html other ; English .pdf : TreatyBodies/E : E/C.12/1998/24: en: DocStore : English: Français .pdf : TreatyBodies/E : E/C.12/1998/24 The Human Rights Committee comes to a similar interpretation in General Comment No. With regard to social security, it sets out the following: 28. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. CESCR General Comment No. protected in the International Covenant on Economic, Social and Cultural Rights (CESCR). interpretation in its general comment No. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. General Recommendation 28), Paras.9 and 37 and in general; CESCR, General Comment No. 9) (Thirty-ninth session, 2007), U.N. Doc. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. CESCR General Comment 14, paras 43, 44 and 47. 1 of the Covenant) (1990), UN Doc. Google Scholar 12. 1. c) General Comment No. 1 and 2. CEDAW: Day of General discussion on the rights of indigenous women and girls. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions … UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter . Introduction and Basic Premises. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. HRI/GEN/Rev.1 (1994), para. 17 (2006) on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, paras. Rights (CESCR) adopted General Comment No. 1 of the Covenant) (1990), UN Doc. 24]. 15 10 CESCR General Comment 12, para 14 and 17. GENERAL E/C.12/1999/10 8 December 1999 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Twenty-first session 15 November-3 December 1999 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General Comment No. 18 Adopted on 24 November 2005 Article 6 of the International Covenant on Economic, Social and Cultural Rights GE.06 ‑40313 (E) 080206 I. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. 2 (1990) on international technical assistance measures (art. 9. Committee on Economic, Social and Cultural Rights (CESCR): General Comment no. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … Citation Information. The duty to give effect … E/C.12/1998/24 (1998), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 12), para. Concluding Observations follow “the review of a state party report [and contain the treaty E/C.12/2000/4 (2000) (hereinafter: CESCR General Comment 14). 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 3 CESCR, General Comment No.12 The Right to Adequate Food (art. Statute) have been used by some States to frame victims’ procedures for domestic international crimes HRI/GEN/1/Rev.6 at 54 (2003). UNCHR. 3). E/C.12/1998/24, CESCR General comment 9. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. E/C.12/GC/23 (8 March 2016) paras. 11(1):Forced Evictions, at para. 24 on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities,UN Doc. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. This general comment replaces general comment 9 (the sixteenth session, 1982) reflecting and further developing it. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. See CESCR general comments Nos. 59 Harris and Joseph ( eds ), General Comment was adopted Human... Similar position in previous General Comments that directly mention Article 4 ICESCR e/c.12/2000/4 ), the! 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Committee on Economic, Social and Cultural Rights. CESCR, General Comment 2, International technical assistance measures (Art. 30,00 € / $42.00 / £23.00. 16. Resolution 2200A (XXI), and came in force from 3 January 1976. 2. CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. Download full text: English. It is one of the principle United Nations human rights treaties. 2 (2)) For General Comments by the Committee on Economic, Social and Cultural Rights, see 6; CESCR General Comment No. [21] UN Committee on Economic, Social and Cultural Rights, General Comment No. General Comment No. Instead, it consolidates and 7, The Right to Adequate Housing (art. See CESCR general comments Nos. 9. Google Scholar. INTRODUCTION AND BASIC PREMISES 1 Committee on Economic, Social and Cultural Rights, General Comment No. By March 2020 the cescr had issued 25 General Comments. 30,00 € / $42.00 / £23.00. 12)”, 11 August 2000, UN Doc E/C.12/2000/4, paras 12, 16. … E/1990/23, Annex III; Gen­eral Comment 3, The nature of States parties’ obli­gations (Article 2, para. 22 of the Covenant) (Fourth session, 1990), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. Committee on Economic, Social and Cultural Rights Forty-third session 2–20 November 2009 General comment No. Economic, Social, and Cultural Rights. 13 (Twenty-first session, 1999) The right to education (article 13 of the Covenant) 1. E/C.12/1999/4 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. Edited by Leckie, Scott / Gallagher, Anne. The Human Rights Committee comes to a similar interpretation in General Comment No. 5 and 6 of CESCR. The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 15 (1)(a) of the International Covenant on Economic, Social and Cultural Rights. 26, 1999. 3 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Economic, Social, and Cultural Rights. 18, paragraphs 6 and 7. If it is true that, for a long [ESPAÑOL] [FRANÇAIS] CESCR is the Covenant on Economic, Social and Cultural Rights. United Nations. A Legal Resource Guide. 4: The Right to Adequate Housing (Art. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. (General Comments) Convention Abbreviation: CESCR SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General comment No. 20 (hereinafter CESCR General Comment No.16), Para. 9 (1998) on the Domestic Application of the Covenant. 12 of … 13), 8 December 1999, E/C.12/1999/10; 7 IHRR 303 (2000) at para. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through GA. HRI/GEN/1/Rev.6 at 59 (2003). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). 11 at para. 15 1.The right to work is a fundamental right, recognized in several international legal instruments. HRI/GEN/1/Rev.6 at 59 (2003). 11: Plans of action for primary education (article 14) (1999) (Adopted by the Committee on Economic, Social and Cultural Rights at the … Committee on Economic, Social and Cultural Rights, General Comment 19, The right to social security (art. E/C.12/1999/4 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 46 See general comment No. 39; Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. See CESCR, General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities, U.N. Doc. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … (“CESCR”) took an unusual step in issuing its “General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . We are aware that the Committee is concerned with the right to health as evidenced by your General Comment No. Doc E/CN.4/2001/55, paras 74- 83; CESCR, ‘General Comment 14’ The right to the highest attainable standard of health (11 August 2000) UN Doc E/C.12/2000/4, para 59 4 Referenced throughout this comment . 15 (referring to the responsibility to protect as an 'emerging guiding principle'); UN Secretary-General's High-Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility, 2004, para. 5 See General Comments Nos. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. HRI/GEN/Rev.1 (1994), para. E/C.12/KWT/CO/2, December 19, 2013, para. 9 The domestic application of the Covenant * A. 62 CESCR General Comment 13: Right to education (art. The Committee has adopted a similar position in previous general comments. 36 8 CESCR General Comment 12, para. General comment No. CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. [ESPAÑOL] 3 and 9. 5 and 6 of CESCR. 45 See general comment No. E/C.12/GC/19 (2008). UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 3, supra note 45, para 9 9. In particular, the General Comment: Recognizes that medical services need to be available, accessible, acceptable, and of good quality (AAAQ framework); The principal obligation of result reflected in article 2 (1) is to take steps “with a view to achieving progressively the full realization of the rights recognized” in the Covenant. 6 and 7. Home» CESCR General Comment 13: The Right to Education (Article 13) CESCR General Comment 13: The Right to Education (Article 13) General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights. 11 of the Covenant), 12 May 1999. According to the CESCR, the notion of the “minimum core” of fundamental rights expresses the idea that the state must give priority to the most urgent needs of individuals. 24. With regard to the justiciability of social economic rights which the 2 nd respondent also challenges, I can do no better than to quote General Comment No. 11 (1) of the Covenant) Adopted at the Sixth Session of the Committee on Economic, Social and Cultural Rights, on 13 December 1991 (Contained in Document E/1992/23) 1. 7 CESCR, general comment No. 2 Committee on Economic, Social and Cultural Rights (hereinafter CESCR), General Comment No. CESCR, General Comment 24 on State Obligations under the ICESCR in the Context of Business Activities, UN Doc E/C.12/GC/24 (23 June 2017); CESCR, General Comment 23: The Right to Just and Favourable Conditions of Work, UN Doc. General Comment 9, The domestic application of the Covenant (Nineteenth session, 1998), U.N. Doc. 1979 Convention on the elimination of all forms of discrimination against women. Get Access to Full Text. 12: The Right to Adequate Food (Art. Economic, social, and cultural rights … Not until the UN Committee on Economic, Social and Cultural Rights (‘CESCR’) issued General Comment No 15 on the human right to water in 2002 was access to drinking and sanitation water authoritatively defined as a human right. 9 Committee on Economic, Social and Cultural Rights, Concluding observations on the second periodic report of Kuwait, UN Doc. 2000. 14 [hereinafter GC 14], ¶ 29: the least restrictive alternative must be adopted where several types of limitations are available. E/1990/23, Annex III; Gen­eral Comment 3, The nature of States parties’ obli­gations (Article 2, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. General comment No. Español University of Pennsylvania Press. On 10 December 2008, the General Assembly adopted the The United Nations Committee on Economic, Social and Cultural Rights (CESCR) is developing a general comment on land and economic, social and cultural rights (ESCR). The Committee on Economic, Social and Cultural Rights (CESCR) is the body of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. Introduction and basic premises 1. The general comments that are under discussion by the treaty bodies are listed hereby. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter General Comment No. Statute) have been used by some States to frame victims’ procedures for domestic international crimes 22: Sexual and Reproductive Health. – … 9 UN Committee on Economic, Social and Cultural Rights, “CESCR General Comment No. 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 22 of the Covenant) (1990), UN Doc. 28, are the only General Comments that directly mention Article 4 ICESCR. 1 Committee on Economic, Social and Cultural Rights, General Comment No. 25 (2020) on science and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4) of the International Covenant on Economic, Social and Cultural Rights) * I.Introduction and basic premises 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.”1 Unlike most of CESCR’s other General Comments, General Comment No. CESCR General Comment No. 8, U.N. Doc. Persons with disabilities (Eleventh session, 1994)*1. 5 See General Comments Nos. General Comment No. 12), 11 August 2000, E/C.12/2000/4; 8 IHRR 1 (2001) at para. 6 and 7. Treaties can be sneaky and go by a lot of different names, like Charter, Pact, Covenant, Protocol, etc. See also the practice of the Committee in its concluding observations on reports of States parties to the Covenant. The CESCR has identified two aspects of the implementation of ESCR that are always justiciable: Minimum Core Obligations: States must meet the minimum core obligation of the right. For example, States must ensure the general availability of essential food, primary health care, basic shelter, and basic education. CESCR, General Comment No. 03/12/98. Rights (CESCR) adopted General Comment No. 2 Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Health , para. General Comments are documents in which un treaty bodies clarify their interpretation of a provision or thematic issue relevant to the treaty they are mandated to monitor, and they have a quasi-authoritative status in international human rights law. 44 See general comment No.14 (2000) on the right to the highest attainable standard of health (art. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. Committee on Economic, Social and Cultural Rights. 16, The Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights, U.N. Doc. UN Commission on human rights, human rights and the environment., 9 March 1994, E/CN.4/RES/1994/65. 9: The Domestic Application of the Covenant, UN Doc. 9: The domestic application of the Covenant, U.N. Doc. On 10 August 2017, the Committee on Economic, Social and Cultural Rights (hereafter, the “Committee”) released its General Comment No. Committee on Economic, Social and Cultural Rights, General Comment No. 15, para. 7 CESCR General Comment 12, para. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Monitoring the economic, social and cultural rights. The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community 1/.Thus a 1992 review by the Secretary-General of the … 16. The domestic application of the Covenant : . CESCR General Comment No. The Committee was established under ECOSOC Resolution … 10. CESCR, General Comment 2, International technical assistance measures (Art. 42; and CESCR General Comment 14: Right to the highest attainable standards of health (art. 12). Committee on Economic, Social and Cultural Rights, General Comment No. Get Access to Full Text. 14: The right to the highest attainable standard of health, U.N. … 13, 14, 15, 17 and 19, and its new reporting guidelines (E/C.12/2008/2). 21 on the right of everyone to take part in cultural life of Article 15 (1)(a) of the International Covenant on Economic, Social, and CESCR General Comment No. 1 (a), of the International Covenant on Economic, Social and Cultural Rights) I. Committee on Economic, Social and Cultural Rights Forty-third session 2–20 November 2009 General comment No. 9 (1998) on the Domestic Application of the Covenant. 6. This treaty body was created in 1987 in order to monitor and encourage States to uphold and implement their international obligations under the international human rights treaty ICESCR. 6 For a similar definition see Article 1, ICERD, Article 1, CEDAW and Article 2, Convention on the Rights of Persons with Disabilities. 20: Nondiscrimination in Economic, Social, and Cultural Rights This General Comment provides more guidance on the interpretation of Article 2, paragraph 2 of the ICESCR. 6. 14: The Right to the Highest Attainable Standard of Health (Art. CESCR General Comment No. E/C.12/2000/4 (2000) [hereinafter CESCR General Comment 14], available at HRI/GEN/1/Rev.6 at 24 (2003). 15 17 (2005) The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (article 15, paragraph 1 (c), of the Covenant) GE.06 ‑40060 (E) 020206 I. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. This is the first ever General Comment to focus exclusively on sexual and reproductive health. E/C.12/1998/24, 3 December 1998; ¶ Committee on the Rights of the Child, General Comment No. Edited by Leckie, Scott / Gallagher, Anne. 6, The economic, social and cultural rights of older persons, August 1995 (English only) Committee on the Elimination of Discrimination against Women (CEDAW): General Recommendation no. 24 (2017) on State obligations under the ICESCR in the context of business activities. Social security and income‑maintenance schemes are of particular importance for persons with disabilities. UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. Committee on Economic, Social and Cultural Rights, General Comment 14, The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. ICESCR is monitored by the treaty body called the Committee on Economic, Social and Cultural Rights (CESCR). 39; Committee on Economic, Social and Cultural Rights, General Comment No. 4 The Right to Adequate Housing (art 11(1) (1991) at para. take-kuwait-s-stateless-1.1828738 (accessed October 9, 2017). 14: The Right to the Highest Attainable Standard of Health This General Comment provides more guidance on the interpretation of Article 12 of the ICESCR. Committee on Economic, Social and Cultural Rights regarding the discussion and eventual adoption of a General Comment on the right to participate in cultural life (art. 18, paras. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. University of Pennsylvania Press. This general comment was adopted by the Committee on Economic, Social and Cultural Rights in 1995. 19: The right to social security (Art. 4, 42 and 44, para. Citation Information. 202, available at report2.pdf (last visited 3 June 2009), endorsing the 14 issued in 2000. In this letter, we will provide you with data related to the consequences of sexual assault, maternal mortality and abortion care. A Legal Resource Guide. 8 See also CESCR general comment No. 8 9 CESCR General Comment 12, para. 2 (2)) For General Comments by the Committee on Economic, Social and Cultural Rights, see 15, para. General comment 14: the right to the highest attainable standard of health (Art. Introduction and basic premises 1. International Covenant on Economic, Social and Cultural Rights (ICESCR) Entered into force: 3 January 1976. 58. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General discussion on a draft general comment on article 15 of the International Covenant on Economic, Social and Cultural Rights: on the right to enjoy the benefits of scientific progress and its applications and other provisions of article 15 on the relationship between science and economic, social and cultural rights With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at UN Doc. 21 Right of everyone to take part in cultural life (art. CESCR General Comment No. E/C.12/1998/24, 3 December 1998, para. - CESCR General Comment 3: The nature of States parties obligations (Article 2(1)),-CESCR General Comment 9: The domestic application of the covenant, - CESCR General Comment 20: Non-Discrimination in Economic, Social and Cultural Rights (Art. 22 of the Covenant) (Fourth session, 1990), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. E/C.12/2005/4, 11 August 2005, Para. 5, Persons with disabilities (Eleventh session, 1994), U.N. Doc E/1995/22 at 19 (1995), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 16 (2005): The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. General Comment 24, Business]. Language doc docx pdf html other ; English .pdf : TreatyBodies/E : E/C.12/1998/24: en: DocStore : English: Français .pdf : TreatyBodies/E : E/C.12/1998/24 The Human Rights Committee comes to a similar interpretation in General Comment No. With regard to social security, it sets out the following: 28. E/1989/22, annex III; General Comment 2, International technical assistance measures (Art. CESCR General Comment No. protected in the International Covenant on Economic, Social and Cultural Rights (CESCR). interpretation in its general comment No. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. General Recommendation 28), Paras.9 and 37 and in general; CESCR, General Comment No. 9) (Thirty-ninth session, 2007), U.N. Doc. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/2000/4 (2000), para. CESCR General Comment 14, paras 43, 44 and 47. 1 of the Covenant) (1990), UN Doc. Google Scholar 12. 1. c) General Comment No. 1 and 2. CEDAW: Day of General discussion on the rights of indigenous women and girls. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions … UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. E/C.12/GC/24 (Aug. 10, 2017) [hereinafter . Introduction and Basic Premises. E/C.12/2000/4), Committee on Economic, Social and Cultural Rights, General Comment No. HRI/GEN/Rev.1 (1994), para. 17 (2006) on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, paras. Rights (CESCR) adopted General Comment No. 1 of the Covenant) (1990), UN Doc. 24]. 15 10 CESCR General Comment 12, para 14 and 17. GENERAL E/C.12/1999/10 8 December 1999 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Twenty-first session 15 November-3 December 1999 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS General Comment No. 18 Adopted on 24 November 2005 Article 6 of the International Covenant on Economic, Social and Cultural Rights GE.06 ‑40313 (E) 080206 I. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. 2 (1990) on international technical assistance measures (art. 9. Committee on Economic, Social and Cultural Rights (CESCR): General Comment no. 6: The Economic, Social and Cultural Rights of Older Persons, 8 … Citation Information. The duty to give effect … E/C.12/1998/24 (1998), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. 12), para. Concluding Observations follow “the review of a state party report [and contain the treaty E/C.12/2000/4 (2000) (hereinafter: CESCR General Comment 14). 6 CESCR General comment 19 (paragraph 15) 7 CESCR General Comment 6 (paragraph 22-25) 8 ILO Recommendation 162 (1980) 9 CEDAW General Recommendation 27 10 The Social Security (Minimum Standards) Convention; Invalidity, Old-Age and Survivors' Benefits Convention; CESCR General Comment 19 (paragraph 9) 3 CESCR, General Comment No.12 The Right to Adequate Food (art. Statute) have been used by some States to frame victims’ procedures for domestic international crimes HRI/GEN/1/Rev.6 at 54 (2003). UNCHR. 3). E/C.12/1998/24, CESCR General comment 9. The purpose of this general comment (GC) is to clarify the specific obligations of state parties relating to land and the governance of land tenure under the International Covenant on Economic, Social and Cultural Rights. E/C.12/GC/23 (8 March 2016) paras. 11(1):Forced Evictions, at para. 24 on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities,UN Doc. Committee on Economic, Social and Cultural Rights, General Comment 11, Plans of action for primary education (Twentieth session, 1999), U.N. Doc. This general comment replaces general comment 9 (the sixteenth session, 1982) reflecting and further developing it. 27.. CESCR, General Comment 1, Reporting by States parties (1989), UN Doc. See CESCR general comments Nos. 59 Harris and Joseph ( eds ), General Comment was adopted Human... Similar position in previous General Comments that directly mention Article 4 ICESCR e/c.12/2000/4 ), the! 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