Justiciability of Economic, Social and Cultural Rights in the Pacific

Presentation papers and outlines

PLEASE NOTE THESE PAPERS ARE NOT FOR PUBLICATION ELSEWHERE

Justice Arthur Chaskalson, Constitutional Court of South Africa, Judicial Enforcement of Socio-Economic Rights: the South African Experience

Justice Dhananjaya Chandrachud, High Court of Mumbai, Bridging the Chasm between Human Rights Doctrine and Enforcement: The Role and Remedies for Judicial Institutions

Jane Connors, Senior Human Rights Officer, UN Office of the High Commissioner for Human Rights, International Human Rights Law on Economic, Social and Cultural Rights

Iain Byrne, Senior Lawyer, INTERIGHTS Commonwealth Programme, Non-State Actors and Economic, Social and Cultural Rights: General Principles

Background materials

Thematic Mechanisms of the Commission on Human Rights

Report of the Special Rapporteur on the right to education (E/CN.4/2005/50, 17 December 2004)

Report of the Special Rapporteur on the right to food (E/CN.4/2005/47, 24 January 2005)

Report of the the Special Rapporteur on the right to the enjoyment of the highest attainable standard of physical and mental health (E/CN.4/2005/51, 11 February 2005)

Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living (E/CN.4/2005/48, 3 March 2005)

Committee on Economic, Social and Cultural Rights

Summary of Committee on Economic, Social and Cultural Rights, General Comments 1-15

General comment 1, 24 February : Reporting by States parties

General comment 2, 02 February : International technical assistance measures (Art. 22)

General comment 3, 14 December : The nature of State parties obligations

General comment 4, 13 December : The right to adequate housing (Art.11 (1))

General comment 5, 09 December : Persons with disabilities

General comment 6, 08 December : The economic, social and cultural rights of older persons

General comment 7, 20 may : The right to adequate housing (Art.11.1): forced evictions

General comment 8, 12 December : The relationship between economic sanctions and respect for economic, social and cultural rights

General comment 9, 3 December : The domestic application of the Covenant

General comment 10, 14 December : The role of national human rights institutions in the protection of economic, social and cultural rights

General comment 11, 10 may : Plans of actions for primary education

General comment 12, 12 May : The right to adequate food

General comment 13, 8 December : The right to education

General comment 14, 11 August : The right to the highest attainable standard of health

General comment 15, 20 January : The right to water

General comment 16, 11 August : The equal right of men and women to the enjoyment of all economic, social and cultural rights

General comment 17, 12 January : 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

General comment 18, 06 February :The right to work

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Draft optional protocol to the ICESCR (E/CN.4/1997/105, 18 December)

Report on the workshop on the justiciability of ESCR, with particular reference to the draft optional protocol to the ICESCR (E/CN.4/2001/62/Add.2, 22 March 2001)

Other Documents of Interest

1) Judicial Colloquium on the Domestic Application of International Human Rights Norms 27 February – 1 March 2006, Nairobi, Kenya

2) Conclusions and recommendations of UN subregional workshop for judges and lawyers on the justiciability of ESCRs in South-East Asia Manila, 3-5 November 2004

3) Report of the UN Sub-Regional Workshop for Judges and Lawyers on the Justiciability of ESCRs in North-East Asia, Ulaanbaatar , Mongolia , 26 - 28 January

4) Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers. Chapter 14: The role of the courts in protecting economic, social and cultural rights

5) 25 questions and answers on health and human rights, World Health Organization

6) 50 Leading Cases on ESCRs: Summaries, Centre on Housing Rights and Evictions

7) Compilation of recommendations from the United Nations human rights mechanisms, Pacific Island countries, UN Office of the High Commissioner for Human Rights