A/HRC/32/31
undertaken concludes that, if they “can be faulted as a group for one thing, it is an
insufficient challenge to the material conditions that perpetuate human rights violations”.21
Specialist studies indicate that while a handful of such institutions have devoted significant
attention to economic and social rights,22 the vast majority have not. The reasons cited
include absent or restrictive mandates, lack of expertise, lack of resources, absence of
political support and the complexity of the issues. The bottom line is that few of these
“institutions are producing regular, comprehensive reports on ESC rights fulfilment in their
countries”.23
39.
A key factor in explaining this fundamentally unbalanced approach may be the
relative absence in the work of many national human rights institutions of genuinely
consultative approaches that would enable the affected communities to influence priorities
and approaches and participate in developing policy responses and recommendations.
C.
Accountability
40.
Many books have now been written extolling the virtues of involvement by the
courts in enforcing economic and social rights in various countries around the world, but
justiciability is by no means the whole story. Indeed, it might be argued that the focus on
justiciability has become the tail that is wagging the analytical dog. Rights holders can seek
accountability through many means, including: (a) sharing information with the media; (b)
using community or peer pressure; (c) collecting and publishing data; (d) complaining to an
authoritative body or person; and (e) evaluating and reporting.24 However, most of these
methods assume that, at the end of the day, there will be a mechanism in place to which the
claim can ultimately be brought for vindication in the absence of self-correction by the duty
holder.25
41.
All three branches of government offer potential accountability mechanisms for
economic and social rights claims. The legislature is, of course, central in terms of its
ability to adopt legislation that mandates attention to such rights or that responds to
violations. There have also been important initiatives in terms of establishing parliamentary
human rights committees and institutionalizing review of draft legislation to ensure
compliance with human rights law. In terms of the executive, government officials can
monitor economic and social rights realization and incorporate those rights into
policymaking and implementation mechanisms. State agencies are also often a logical locus
for complaints mechanisms, although they remain strongly underresearched in the
economic and social rights field. While national human rights institutions are potentially
21
22
23
24
25
14
Sonia Cardenas, Chains of Justice: The Global Rise of State Institutions for Human Rights
(Philadelphia, University of Pennsylvania Press, 2014), p. 360.
See Asia Pacific Forum for National Human Rights Institutions and the Center for Economic and
Social Rights, Defending Dignity: A Manual for National Human Rights Institutions on Monitoring
Economic, Social and Cultural Rights (January 2015); and Eva Brems, Gauthier de Beco, Wouter
Vandenhole, eds., National Human Rights Institutions and Economic, Social and Cultural Rights
(Mortsel, Belgium, Intersentia, 2013).
Alison Corkery and Duncan Wilson, “Building bridges: national human rights institutions and
economic, social and cultural rights”, in Economic, Social and Cultural Rights in International Law
(see footnote 15), pp. 473-490.
United Nations Children’s Fund, Accountability for Children’s Rights: A research mapping of local
and informal accountability mechanisms (December 2015), p. 7, available at www.unicef.org/
policyanalysis/rights/files/ACR-SPREADS-WEBFILE.pdf.
Varun Gauri, “Redressing grievances and complaints regarding basic service delivery”, World
Development, vol. 41 (January 2013), p. 109.
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