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discrimination and ensure sustainable peace.36 Other peace agreements ensured the right to
equal opportunity in social and economic activities, and proposed measures related to combating
unemployment and strengthening non-discrimination legislation in order to eliminate the
differential in unemployment rates between communities,37 or recognized the application in the
State territory of the International Covenant on Economic, Social and Cultural Rights, among
other treaties.38
48.
Key measures to ensure the protection and realization of all human rights, including
economic, social and cultural rights, in post-conflict settings comprise their incorporation or
recognition in the domestic legal system, starting - if possible and relevant to the context - with
the State’s constitutional instrument. Some constitutions have incorporated economic, social and
cultural rights, such as rights related to labour, property, housing, health care, food, social
security, or education. In some cases, the integration of these rights into a new constitution
might be a direct result of the experience of violations of economic, social and cultural rights in
the past.39
49.
Legislation provides an important means of recognizing economic, social and cultural
rights at the domestic level and is an important step towards their effective realization. The
legislative recognition of these rights can further contribute to the redress of discriminatory
patterns and inequalities, thereby complementing other mechanisms of redress and reparation.40
By themselves, however, legislative measures are not sufficient, but are dependent on
implementation. In this respect, institutions specifically aimed at monitoring and protecting
human rights, in particular national human rights institutions or quasi-judicial bodies, should be
set up or strengthened. Existing ones already play an increasingly important role in ensuring
legal protection of economic, social and cultural rights.41
36
See for the most recent example of such peace agreements: Comprehensive Peace Agreement
held between the Government of Nepal and the Communist Party of Nepal (Maoist)
(November 2006), which recognizes various economic and social rights under paragraph 7.5
and sets up a series of measures to address widespread inequities (see in particular
paragraphs 3.5-3.7, 3.9-3.12).
37
Good Friday/Belfast Agreement (April 1998).
38
General Framework Agreement for Peace in Bosnia and Herzegovina (December 1995).
39
See the Constitutions of India (1950), South Africa (1996), Timor-Leste (2002) and
Afghanistan (2004).
40
For examples of countries that addressed legislative gaps contributing to impunity, see the
independent study on best practices, including recommendations, to assist States in strengthening
their domestic capacity to combat all aspects of impunity, by Professor Diane Orentlicher (see
E/CN.4/2004/88), paras. 47-48. For more elaboration on legislation of economic, social and
cultural rights, see E/2006/86, sect. II.
41
See Economic, Social and Cultural Rights: Handbook for National Human Rights
Institutions, United Nations, New York and Geneva, 2005.
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