A/HRC/4/62
page 18
50.
While acknowledging the constraints put on the justice system in a post-conflict situation,
and its possible complicity in past abuses (whether through the facilitation of abuse or in its
failure to provide redress), judicial protection remains key to the protection of economic, social
and cultural rights.42 Even though national courts have traditionally focused more on civil and
political rights, the judicial protection of certain economic, social and cultural rights is far from
new - examples include workers’ rights or protection against discrimination. Relevant
jurisprudence has burgeoned in the last decade, enforcing a wide range of economic, social and
cultural rights, such as the rights to health, food, social security or adequate housing. This
growing corpus of case law at national, regional and international levels on a full range of
economic, social and cultural rights clearly demonstrates that these rights lend themselves to
judicial scrutiny and enforcement.43 Moreover, judicial protection can be very effective and
even have life-saving implications, such as in recent cases of court-mandated food distribution or
access to essential medication. Therefore, programmes to strengthen national justice systems
and institutions in the aftermath of conflict should pay equal attention to economic, social and
cultural rights. The inclusion of particular protection for economic, social and cultural rights
alongside civil and political rights throughout the legal and institutional foundations of
post-conflict societies would exponentially increase the chances for the preservation of peace
in the long term.
IV. CONCLUSION
51.
In considering and determining strategies for ensuring accountability and peace in
conflict and post-conflict societies, it is important to keep in mind the indivisibility and
interrelatedness of human rights. Civil, cultural, economic, political and social rights are
too interdependent to be realized in isolation. While it may seem at first difficult to
embark on a comprehensive strategy for protecting all rights, such an approach will pay
off in the long term. Indeed, an exclusive preoccupation with civil and political rights
violations and the failure to recognize the role of economic, social and cultural rights
violations in triggering or fuelling conflict may make conflicts more pervasive than they
would otherwise be. Similarly, post-conflict strategies to consolidate peace and maintain it
in the long run should recognize the contribution that the realization of economic, social
and cultural rights could make in this respect.
52.
A comprehensive strategy for post-conflict settings should not wait for long-term
development to protect and realize economic, social and cultural rights. Rather, these
rights should be taken into consideration at each step of the way. While transitional justice
mechanisms have started to address economic, social and cultural rights violations to some
42
See E/2006/86 and CESCR general comment No. 9 (1998) on the domestic application of the
Covenant.
43
For summaries of national, regional and international cases on economic, social and
cultural rights, see e.g. notes prepared by the Secretariat for the sessions of the open-ended
working group on an optional protocol to ICESCR (E/CN.4/2004/WG.23/CRP.1,
E/CN.4/2005/WG.23/CRP.1, E/CN.4/2006/WG.23/CRP.1).
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