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 10

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