A/HRC/17/24
61.
The Special Rapporteur on the human rights of migrants devoted his annual report
to the Human Rights Council to the question of the enjoyment of the rights to the highest
standards of health and adequate housing by migrants. The report aimed to inform and
assist Governments and interested parties in their efforts to effectively address these matters
so as to ensure the enjoyment of these rights for migrants. He recalled the applicable
international legal framework and discussed the main challenges encountered by migrants
in the enjoyment of these rights, with particular attention to the situations of migrant
women, girls and children. The Special Rapporteur also highlighted a number of good
practices, and made a number of recommendations.
V.
Conclusions and recommendations
62.
The present overview indicates that the international community is increasingly
aware of the importance of economic, social and cultural rights as demonstrated, inter
alia, by recent resolutions on the rights to water and sanitation, and the call for
greater inclusion of human rights in the MDGs in the outcome document of the
General Assembly High-level Plenary Meeting on MDGs.
63.
Yet, 2010 ended tragically in North Africa particularly, where a series of self–
immolations underscored the desperation and frustration felt by many worldwide at
the denial of their economic, social and cultural rights, and associated freedoms.
These actions and the accompanying social protests clearly point to the indivisibility
and interdependence of civil and political rights and economic, social and cultural
rights. They highlight that freedom of expression, independent civil society
organizations, the right to participate in decision-making, accountability, and the fight
against corruption are essential for all human rights. Therefore, it is of utmost
importance that States implement a number of actions, including the following:
64.
States should address violations of human rights, including economic, social
and cultural rights, in particular violations linked to State obligations of immediate
effect, including discrimination in the enjoyment of economic, social and cultural
rights, and attacks on human rights defenders.
65.
States should take immediate and concrete steps to establish legal and policy
frameworks towards the full realization of economic, social and cultural rights, with
clear allocation of responsibilities, time-bound benchmarks and indicators to measure
progress, and the provision of maximum available resources to implement such laws,
policies and strategies.
66.
States should end inequality in access to remedies, and strengthen the legal
protection of economic, social and cultural rights by, inter alia, legally recognizing
these rights, making economic, social and cultural rights effectively justiciable,
building the capacity of the judiciary and other institutions, establishing various
mechanisms to deal with grievances relating to economic, social and cultural rights,
and swiftly ratifying the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights;
67.
States should ensure consultation and participation of right-holders in
designing, adopting, implementing, monitoring and evaluating laws and policies
relevant to the implementation of economic, social and cultural rights, including
through guaranteeing free participation in public debate and decision-making
processes.
16
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