A/HRC/8/52
page 10
Noting that the Universal Declaration of Human Rights proclaims that all human beings are born free
and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,
Recalling that the Universal Declaration of Human Rights and the International Covenants on Human
Rights recognize that the ideal of free human beings enjoying freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy civil, cultural, economic, political and social
rights,
Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights
and fundamental freedoms,
Recalling that each State Party to the International Covenant on Economic, Social and Cultural Rights
(hereinafter referred to as the Covenant) undertakes to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of its available resources,
with a view to achieving progressively the full realization of the rights recognized in the Covenant by all
appropriate means, including particularly the adoption of legislative measures,
Considering that, in order further to achieve the purposes of the Covenant and the implementation of
its provisions, it would be appropriate to enable the Committee on Economic, Social and Cultural Rights
(hereinafter referred to as the Committee) to carry out the functions provided for in the present Protocol,
Have agreed as follows:
Article 1
Competence of the Committee to receive and consider communications
1.
A State Party to the Covenant that becomes a Party to the present Protocol recognizes the competence
of the Committee to receive and consider communications as provided for by the provisions of the present
Protocol.
2.
No communication shall be received by the Committee if it concerns a State Party to the Covenant
which is not a Party to the present Protocol.
Article 2
Communications
Communications may be submitted by or on behalf of individuals or groups of individuals, under the
jurisdiction of a State Party, claiming to be victims of a violation of any of the economic, social and cultural
rights set forth in the Covenant by that State Party. Where a communication is submitted on behalf of
individuals or groups of individuals, this shall be with their consent unless the author can justify acting on
their behalf without such consent.
Article 3
Admissibility
1.
The Committee shall not consider a communication unless it has ascertained that all available
domestic remedies have been exhausted. This shall not be the rule where the application of such remedies is
unreasonably prolonged.
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