A/HRC/28/31
partnerships in order to overcome implementation gaps in the area of economic,
social and cultural rights;
• Engaging with judges and lawmakers who are in a position to implement decisions
and recommendations, in addition to engaging with executive authorities.
B.
1.
Role of United Nations, regional and subregional judicial and
quasi-judicial organs in promoting and protecting economic, social
and cultural rights
Best practices
41.
Panellists from the Inter-American Court of Human Rights, the African Court of
Human and Peoples’ Rights and the International NGO Coalition for an Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR)
acknowledged the importance of regional and subregional judicial and quasi-judicial organs
in promoting and protecting economic, social and cultural rights.
42.
The Inter-American Court of Human Rights indicated that it had overcome the
formal limitation in the 1988 Protocol of the American Convention on Human Rights
which allowed individual complaints only in respect of the right to education and the right
to join unions. The Court has decided cases regarding other economic, social and cultural
rights, such as the rights of indigenous people to land, which also affects the rights to life,
health, housing, food, water and cultural identity. In 2012 and 2013, the Court’s
jurisprudence in cases related to gender discrimination, sexual discrimination and
discrimination against persons with disabilities contributed significantly to influencing
public policies. The case of Furlan and family v. Argentina was cited as an example, in
which the Court found that the omissions and deficiencies in the medical care provided to a
14-year-old boy who had a disability hindered his access to social security benefits. The
Court held that the State had violated the provisions of the American Convention on
Human Rights to the detriment of the victim.
43.
Under the Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and Peoples’ Rights, the applicable law in
deciding cases is not only the Charter, but also other international human rights instruments
to which member States are party. Therefore, in the case of economic, social and cultural
rights, the Court would refer to the relevant international treaties. It was flagged that the
Court had both contentious and advisory jurisdiction, and its decisions were binding on the
parties and not subject to appeal. Out of the 29 contentious matters that the Court has dealt
with since it became operational in 2006, four pertained to economic, social and cultural
rights, such as right to work and health care.
44.
The International NGO Coalition for an OP-ICESCR, which comprises more than
250 NGOs worldwide, highlighted its advocacy for the ratification of the 2008 Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights, which
came into force in 2013.
2.
Challenges
45.
The low level of ratification of the Protocol to the African Charter establishing the
African Court of Human Rights, coupled with an even lower number of declarations
recognizing its competence to consider cases from NGOs and individuals, was cited as a
major challenge. Lack of visibility of the Court in the African continent and lack of
political will to enforce the decisions of the Court were other challenges. There was a need
to promote the ratification of the Optional Protocol to the International Covenant on
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