International Covenant on Economic International Covenant on Economic Social and Culture RightsSocial and Culture Rights

Fidelma JoyceFidelma JoyceSenior Human Rights Awareness OfficerSenior Human Rights Awareness Officer

Irish Human Rights CommissionIrish Human Rights Commission

FormatFormat Introduction to IHRCIntroduction to IHRC Introduction to ESCRIntroduction to ESCR International Covenant on Economic Social International Covenant on Economic Social

and Cultural Rightsand Cultural Rights Ireland and ICESCRIreland and ICESCR 2002 Concluding Comments2002 Concluding Comments CEDAW Concluding CommentsCEDAW Concluding Comments 33rdrd Report Report IHRC and ICESCRIHRC and ICESCR Next StepsNext Steps

Irish Human Rights CommissionIrish Human Rights Commission

Established under statute in 2001 to Established under statute in 2001 to promote and protect human rights in promote and protect human rights in IrelandIreland

Functions of relevance to ICESCRFunctions of relevance to ICESCR• To keep law and practice under reviewTo keep law and practice under review• To consult with national and To consult with national and

international bodiesinternational bodies• To promote awareness of human rightsTo promote awareness of human rights

Irish Human Rights CommissionIrish Human Rights Commission

Strategic Plan 2007-2011Strategic Plan 2007-2011 6 strategic goals6 strategic goals

• Promote a culture of respect for human rightsPromote a culture of respect for human rights• Promote centrality of human rights in Promote centrality of human rights in

formulation of policy, legislation and practiceformulation of policy, legislation and practice• Work jiuntly with Northern Ireland Human Work jiuntly with Northern Ireland Human

Rights CommissionRights Commission• Promote a society that values inclusiveness Promote a society that values inclusiveness

and diversityand diversity• Assess and anticipate emerging challengesAssess and anticipate emerging challenges• Strengthen organisational capacity Strengthen organisational capacity

IHRC and Treaty MonitoringIHRC and Treaty Monitoring

Paris PrinciplesParis Principles• Independence, Powers and FunctionsIndependence, Powers and Functions• Functions include:Functions include:• ““To To contribute to the reportscontribute to the reports which which

the Staes are required to submit..and the Staes are required to submit..and where necessary, to where necessary, to express an express an opinionopinion on the subject, with due on the subject, with due respect for their independencerespect for their independence

• Encourage ratification of treaties and co-Encourage ratification of treaties and co-operation with UN Bodiesoperation with UN Bodies

What are economic, social, and What are economic, social, and cultural rightscultural rights

Social RightsSocial Rights• Core needs for a dignified lifeCore needs for a dignified life

Right to an Adequate Standard of LivingRight to an Adequate Standard of Living Economic RightsEconomic Rights

• Rights to work Rights to work • Right to social assistanceRight to social assistance• Right to propertyRight to property• Pre-conditions for enjoyment of social and other rightsPre-conditions for enjoyment of social and other rights

Cultural RightsCultural Rights• Right to educationRight to education• Right to participate in one’ own cultureRight to participate in one’ own culture• Right to cultural identityRight to cultural identity

ICESCR - International Covenant on ICESCR - International Covenant on Economic Social and Cultural RightsEconomic Social and Cultural Rights

Universal Declaration of Human Rights Universal Declaration of Human Rights 1948 (2008 - 601948 (2008 - 60thth Anniversary) Anniversary)• Statement of ideals to underpin a legal textStatement of ideals to underpin a legal text

Divisions and ‘Cold War’ led to preparation Divisions and ‘Cold War’ led to preparation of two separate convenantsof two separate convenants• ICCPR – International Covenant on Civil and ICCPR – International Covenant on Civil and

Political RightsPolitical Rights• ICESCR – International Covenant on Economic, ICESCR – International Covenant on Economic,

Social and Cultural RightsSocial and Cultural Rights• States unwilling to accept legal obligations in States unwilling to accept legal obligations in

relation to economic, social and cultural rightsrelation to economic, social and cultural rights

ICESCR - International Covenant on ICESCR - International Covenant on Economic Social and Cultural RightsEconomic Social and Cultural Rights

Right to self-determination Right to self-determination Equal rights between men and womenEqual rights between men and women Right to workRight to work Right to just and favourable conditions of workRight to just and favourable conditions of work Right of workers to organise and bargain collectivelyRight of workers to organise and bargain collectively Right to social security and social insuranceRight to social security and social insurance Right to protection and assistance for the familyRight to protection and assistance for the family Right to an adequate standard of livingRight to an adequate standard of living

• Adequate foodAdequate food• Adequate clothingAdequate clothing• Adequate housingAdequate housing

Right to freedom from hungerRight to freedom from hunger Right to the highest attainable standard of physical and Right to the highest attainable standard of physical and

mental health, including health caremental health, including health care Right to education Right to education Right to culture and benefit from scientific progressRight to culture and benefit from scientific progress

ICESCR - International Covenant on ICESCR - International Covenant on Economic Social and Cultural RightsEconomic Social and Cultural Rights

1993 Vienna Declaration1993 Vienna Declaration• Indivisibility, interdependence and inter-relatedness of Indivisibility, interdependence and inter-relatedness of

rights endorsedrights endorsed• Poverty and social exclusion constituted a violation of Poverty and social exclusion constituted a violation of

human dignityhuman dignity Limburg PrinciplesLimburg Principles

• Immediate Obligations to respect, protect and fulfillImmediate Obligations to respect, protect and fulfill UN Committee on ICESCRUN Committee on ICESCR

• Monitors compliance of signatory States with the human Monitors compliance of signatory States with the human rights standards set out in the covenantrights standards set out in the covenant

• Prepares General Comments to give more substance to Prepares General Comments to give more substance to the articles outlined in the ICESCRthe articles outlined in the ICESCR

Ireland and ICESCRIreland and ICESCR ICESCR was opened for signature and ICESCR was opened for signature and

ratification in 1966ratification in 1966 Ireland Ireland

• Signed 1 October 1973Signed 1 October 1973• Ratified 8 Dec 1989Ratified 8 Dec 1989• 11stst report submitted in 1997 report submitted in 1997• UN Committee on CESCR Concluding UN Committee on CESCR Concluding

Observations in 1999Observations in 1999• 22ndnd report submitted in 2001 report submitted in 2001 • UN Committee on CESCR Concluding UN Committee on CESCR Concluding

Observations in 2002Observations in 2002• 33rdrd report to be submitted in Dec/Jan 2008 report to be submitted in Dec/Jan 2008

2002 Concluding Observations2002 Concluding ObservationsPositivesPositives- Revised Social CharterRevised Social Charter- CERDCERD- IHRC establishedIHRC established- Domestic violence legislationDomestic violence legislation- Min. wageMin. wage- NAPSNAPS

ConcernsConcerns- ICESCR not incorporated or ICESCR not incorporated or

reflected in Irish lawreflected in Irish law- IHRC not operationalIHRC not operational- Disability Bill not human rights Disability Bill not human rights

based approach (HRBA)based approach (HRBA)- Discrimination against people with Discrimination against people with

physical and mental disabilitiesphysical and mental disabilities- Article 40.1 of Constitution on Article 40.1 of Constitution on

equality before the law and equality before the law and principle of non-discrmination in principle of non-discrmination in a.2 and a.3 of ICESCRa.2 and a.3 of ICESCR

- Trade unions and collective Trade unions and collective bargainingbargaining

- Human rights not integral toNAPS Human rights not integral toNAPS - Affordable housingAffordable housing- People with mental disabilities People with mental disabilities

lack of access to independent lack of access to independent livingliving

- Human rights frame-work missing Human rights frame-work missing from National Health Strategyfrom National Health Strategy

2002 Concluding Observations2002 Concluding Observations RecommendationsRecommendations

• Economic, social and cultural rights are justiciable and Economic, social and cultural rights are justiciable and should be given full effect in the domestic legal ordershould be given full effect in the domestic legal order

• State report on initiatives by the IHRC to promote State report on initiatives by the IHRC to promote economic, social and cultural rightseconomic, social and cultural rights

• Adoption of HRBA in Disability BillAdoption of HRBA in Disability Bill• Thorough review of sheltered workshopsThorough review of sheltered workshops• Amending article 40.1 of the Constitution on equality Amending article 40.1 of the Constitution on equality

before the lawbefore the law• Review methods of fixing min. wageReview methods of fixing min. wage• Protect trade union’s collective bargainingProtect trade union’s collective bargaining• Measures taken by Ireland on domestic violenceMeasures taken by Ireland on domestic violence

Concluding CommentsConcluding Comments

RecommendationsRecommendations• Combat Poverty Agency should be well resourcedCombat Poverty Agency should be well resourced• Integrate human rights into NAPSIntegrate human rights into NAPS• Accelerate social housing programmeAccelerate social housing programme• Adequate information on extent of provision of adequate Adequate information on extent of provision of adequate

accommodation to Traveller familiesaccommodation to Traveller families• People without serious psychiatric illness more People without serious psychiatric illness more

appropriate care settingsappropriate care settings• Human rights framework for National Health StrategyHuman rights framework for National Health Strategy• Constitutional amendment on extending primary Constitutional amendment on extending primary

education access to all adults with special needseducation access to all adults with special needs• International Co-operation contributionInternational Co-operation contribution

CEDAW Concluding ObservationsCEDAW Concluding Observations

Compare the concluding comments of the Compare the concluding comments of the UN Committee on ICESCR and the UN Committee on ICESCR and the concluding comments of the UN concluding comments of the UN Committee on CEDAWCommittee on CEDAW

CEDAW ConcernsCEDAW Concerns• Recognised groups of women in vulnerable Recognised groups of women in vulnerable

situationssituations• Barriers in access to education, employment, Barriers in access to education, employment,

healthcare and other serviceshealthcare and other services• Closer monitoring of women’s poverty and Closer monitoring of women’s poverty and

social exclusionsocial exclusion• Gender impact of all social and economic Gender impact of all social and economic

policies requiredpolicies required

CEDAW Concluding CommentsCEDAW Concluding Comments

CEDAW RecommendationsCEDAW Recommendations Substantive equality between men and women Substantive equality between men and women

should be recognised in the Irish Constitutionshould be recognised in the Irish Constitution Resources for roll-out of National Women’s Resources for roll-out of National Women’s

Strategy should be availableStrategy should be available Provision of affordable childcareProvision of affordable childcare Strong action to eradicate pay discriminationStrong action to eradicate pay discrimination De facto Equal opportunities in the labour marketDe facto Equal opportunities in the labour market Wide consultation when preparing next reportWide consultation when preparing next report

33rdrd Report by Ireland Report by Ireland Irish government has draft its 3Irish government has draft its 3rdrd report report Draft report is currently being circulate to Draft report is currently being circulate to

departments for their final commentsdepartments for their final comments Expect draft to be circulated to wider statutory, Expect draft to be circulated to wider statutory,

and community and voluntary sector in early and community and voluntary sector in early NovemberNovember• Contact Contact Tara.Murphy@dfa.ie to get on circulation list to get on circulation list

4-6 weeks time frame to offer feedback4-6 weeks time frame to offer feedback Final State report should be submitted we Final State report should be submitted we

anticipate in January 2008anticipate in January 2008 Anticipate that UN Committee will hear Ireland’s Anticipate that UN Committee will hear Ireland’s

report towards end of 2008 (no date confirmed report towards end of 2008 (no date confirmed yet)yet)

IHRC and ICESCRIHRC and ICESCR IHRC will:IHRC will: Comment on Irish government’s reportComment on Irish government’s report Consult with NGOs and other bodiesConsult with NGOs and other bodies Submit its own report in advance to the UN Submit its own report in advance to the UN

Committee as it has done on CERD, CEDAW, CRC, Committee as it has done on CERD, CEDAW, CRC, and in early 2008 on the ICCPR.and in early 2008 on the ICCPR.

Will have informal contact with Committee Will have informal contact with Committee members and Secretariatmembers and Secretariat

Special part of the pre-sessional hearing for Special part of the pre-sessional hearing for National Human Rights Institutions (NHRIs) like National Human Rights Institutions (NHRIs) like the IHRCthe IHRC

Epilogue…work of the IHRC on Epilogue…work of the IHRC on economic, social and cultural rightseconomic, social and cultural rights

Conference December 2005Conference December 2005 Discussion Paper ‘Making Economic, Social Discussion Paper ‘Making Economic, Social

and Cultural Rights Effective’and Cultural Rights Effective’ 11stst Enquiry Report on ‘Self-Employed and Enquiry Report on ‘Self-Employed and

the Old Age Contributory Pension’the Old Age Contributory Pension’ Housing Rights Project with Equality Housing Rights Project with Equality

AuthorityAuthority Proposed submission to UN Committee on Proposed submission to UN Committee on

the ICECSRthe ICECSR www.ihrc.ie Publications Publications

Next StepsNext Steps

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