A/HRC/28/31
discussed the role of United Nations, regional and subregional judicial and quasi-judicial
organs in promoting and protecting economic, social and cultural rights.
30.
The third session of the workshop was devoted to the economic, social and cultural
rights of persons with disabilities and women. The first panel of that session focused on
cooperation in promoting and protecting the economic, social and cultural rights of persons
with disabilities, while the second panel discussed cooperation in promoting and protecting
the economic, social and cultural rights of women.
A.
1.
Strengthening cooperation between international and regional human
rights systems to mainstream economic, social and cultural rights
Best practices
31.
Panellists from the Committee on Economic, Social and Cultural Rights, the
European Committee on Social Rights, the African Commission on Human and Peoples’
Rights, the Inter-American Commission on Human Rights, the Indonesian NGO Coalition
for International Human Rights Advocacy and the Centre for Economic, Social and
Cultural Rights acknowledged the increasing cooperation among human rights mechanisms
at the international, regional and national level with regard to sharing and using
jurisprudence.
32.
The Committee on Economic, Social and Cultural Rights noted that its membership
enjoyed a balanced representation of all regions and drew on the practice of regional human
rights protection systems and their jurisprudence when conducting dialogues with State
parties. The Committee also indirectly supported regional mechanisms by encouraging
State parties to implement the International Covenant on Economic, Social and Cultural
Rights in cooperation with regional mechanisms, and by recommending the ratification of
regional instruments, dissemination of publications as well as compliance with rulings of
regional human rights courts. Regional mechanisms reported that they referred to the work
of the Committee on Economic, Social and Cultural Rights. The African Commission on
Human and Peoples’ Rights principles and guidelines on economic, social and cultural
rights (2011), which refer to the Committee’s concluding observations and general
comments, were cited as an example.
33.
The European Committee on Social Rights stated that it recognized the
complementarity between international and regional human rights instruments and referred
to the international instruments when interpreting the European Social Charter. For
example, in a case concerning restrictions on the entitlement of illegal immigrant minors to
medical treatment and shelter, the European Committee referred to the provisions of the
Convention on the Rights of the Child. It had also referred to general comments No. 4
(1992) on the right to adequate housing and No. 7 (1997) on forced evictions of the
Committee on Economic, Social and Cultural Rights in deciding important cases, such as
the decisions of 5 December 2007 on complaints No. 33/2006, International Movement
ATD Fourth World v. France and No. 39/2006, European Federation of National
Organisations Working with the Homeless (FEANTSA) v. France. The European
Committee had also taken into account important contributions from other regional
mechanisms, such as the concepts of “aggravated violation” and “aggravated
responsibility” used by the Inter-American Court of Human Rights, in cases involving
Roma rights.
34.
The Inter-American Commission on Human Rights reported that, in 2013, it had
established a special unit to deal with economic, social and cultural rights and that it would
have a Special Rapporteur on economic, social and cultural rights by December 2015.
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