A/HRC/32/31
60.
If the recognition, institutionalization and accountability building blocks were
solidly in place in many countries, it would follow that the main focus of advocacy efforts
to promote a higher level of real-life enjoyment of economic and social rights should be
elsewhere. It may be that this assumption explains why so many of those working to
promote economic and social rights, whether through the United Nations or regional
organizations or at the national level, have now turned their attention to matters such as
developing new methodologies for measuring compliance with the Covenant, exploring
new and much more detailed indicators, working out how such indicators can be
disaggregated to take account of a wide range of specific factors — such as gender, age,
ethnicity and social origin —, identifying means by which to ensure that decision-making
processes are transparent and participatory, and developing more detailed normative
guidelines, recommendations, principles and other such instruments that elaborate upon or
seek to operationalize governmental obligations in relation to economic and social rights.
61.
The problem is that, unless the basic building blocks of recognition,
institutionalization and accountability are in place, it is highly unlikely that other more
sophisticated techniques are going to be effective. It is difficult to imagine less fertile
ground for many such initiatives than contexts in which economic and social rights remain
unrecognized as rights, where the relevant institutions are not working effectively to
promote economic and social rights as rights and where there is little or no concept of
economic and social rights accountability in place. It is hoped, of course, that these new
techniques, developed and promoted externally, can compensate for, or even overcome, the
inhospitable domestic environment within which they will eventually have to be
implemented. But again, there would seem to be a strong element of wishful thinking in the
expectation that States that have not been able or willing to put the foundations of economic
and social rights in place, will be likely to implement even more demanding and
sophisticated techniques for monitoring and promoting economic and social rights.
62.
None of this is to suggest that these other endeavours are not of major importance,
but the argument is that they will have far less impact where the RIA framework is not in
place.
VI. Conclusions
63.
A conception of human rights that implicitly accepts a radical hierarchical
distinction between the two sets of rights — civil and political rights, and economic,
social and cultural rights — is one that is fundamentally incompatible with
international human rights law. Just as importantly, it offers no solution to the
increasingly urgent challenges posed by radical and growing inequality and
widespread material deprivation in a world of plenty. The economic and social rights
agenda is thus too important, and its neglect has too many powerfully negative
implications for the overall human rights enterprise, for it to be marginalized by
mainstream actors and left to a handful of specialist groups to struggle to give it the
place that law and justice demand.
64.
It is essential for the proponents of economic and social rights to acknowledge
the deeply rooted nature of the continuing strong resistance to the very concept of
economic and social rights as human rights. The adoption of more resolutions and the
holding of more meetings should not be permitted to conceal this fact. The reality is
that governments have not accidentally overlooked the significance of the recognition,
institutionalization and accountability (RIA) framework. On the contrary, the
widespread failure to ensure that these three building blocks are in place in relation to
economic and social rights is the principal symptom of the resistance. Proponents of
economic and social rights need to acknowledge and tackle this deeper political reality
rather than sailing merrily along as though there is widespread and basic agreement
on economic and social rights.
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