INTRODUCTION
I. THE NATURE OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 1
A. THE NORMATIVE FRAMEWORK = 3
Human rights as a single body of law = 3
International Covenant on Economic, Social and Cultural Rights = 5
General comments = 6
Other sources of guidance on State obligations relating to economic, social and cultural rights = 7
B. STATE OBLIGATIONS = 9
“undertakes to take steps ... by all appropriate means, including particularly the adoption of legislative measures” = 9
“with a view to achieving progressively the full realization of the rights” = 10
“to the maximum of its available resources” = 12
“without discrimination” = 13
“through international assistance and cooperation” = 14
The obligation to respect = 15
The obligation to protect = 17
The obligation to fulfil = 18
C. SOME CENTRAL CONCEPTS = 22
Minimum core obligations = 22
Justiciability and the domestic application of economic, social and cultural rights = 25
Avoiding retrogressive measures = 28
II. THE NATURE OF NATIONAL HUMAN RIGHTS INSTITUTIONS = 29
A. IMPORTANCE OF A BROAD AND CLEARLY DEFINED MANDATE BASED ON INTERNATIONAL INSTRUMENTS = 31
The Paris Principles = 31
B. ELEMENTS FOR EFFECTIVE IMPLEMENTATION OF A MANDATE
ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 34
Interpreting the mandate = 34
Independence = 36
Functions = 36
Powers = 36
Accessibility = 37
Cooperation = 38
Operational efficiency and capacity = 38
Accountability = 39
C. CHALLENGES FOR NATIONAL HUMAN RIGHTS INSITUTIONS IN ADDRESSING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 40
Internal factors = 40
External factors............................................................................................... 40
III. THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN PROTECTING AND PROMOTING ECONOMIC, SOCIAL AND CULTURAL = 43
A. DEALING WITH VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 45
Why deal with violations of economic, social and cultural rights? = 45
Investigative principles = 47
A complaints-based framework for dealing with violations of economic, social and cultural rights = 48
The steps in investigating individual violations = 49
Investigating systemic violations = 54
B. MONITORING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 57
Why monitor economic, social and cultural rights? = 57
Principles = 58
A framework for monitoring = 60
C. PROMOTING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 74
Why promote economic, social and cultural rights? = 74
Principles = 75
A framework for promotion = 76
Promoting State recognition of obligations relating to economic, social and cultural rights = 83
Promoting judicial recognition of the justiciability of economic, social and cultural rights = 86
Promoting awareness and empowerment through public education = 88
Promoting observance of economic, social and cultural rights by non-State actors = 89
Training small groups in economic, social and cultural rights = 89
CONCLUSION = 93
ANNEXES = 97
Key international instruments = 99
1. International Covenant on Economic, Social and Cultural Rights = 99
2. Principles relating to the status of national institutions = 109
3. General Comment No. 10 of the Committee on Economic, Social and
Cultural Rights: The role of national human rights institutions in the protection of economic, social and cultural rights = 113
4. General Comment No. 3 of the Committee on Economic, Social and Cultural Rights: The nature of States parties’ obligations = 115
5. The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights = 117
6. The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights = 125
Selected bibliography = 137
I. THE NATURE OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 1
A. THE NORMATIVE FRAMEWORK = 3
Human rights as a single body of law = 3
International Covenant on Economic, Social and Cultural Rights = 5
General comments = 6
Other sources of guidance on State obligations relating to economic, social and cultural rights = 7
B. STATE OBLIGATIONS = 9
“undertakes to take steps ... by all appropriate means, including particularly the adoption of legislative measures” = 9
“with a view to achieving progressively the full realization of the rights” = 10
“to the maximum of its available resources” = 12
“without discrimination” = 13
“through international assistance and cooperation” = 14
The obligation to respect = 15
The obligation to protect = 17
The obligation to fulfil = 18
C. SOME CENTRAL CONCEPTS = 22
Minimum core obligations = 22
Justiciability and the domestic application of economic, social and cultural rights = 25
Avoiding retrogressive measures = 28
II. THE NATURE OF NATIONAL HUMAN RIGHTS INSTITUTIONS = 29
A. IMPORTANCE OF A BROAD AND CLEARLY DEFINED MANDATE BASED ON INTERNATIONAL INSTRUMENTS = 31
The Paris Principles = 31
B. ELEMENTS FOR EFFECTIVE IMPLEMENTATION OF A MANDATE
ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 34
Interpreting the mandate = 34
Independence = 36
Functions = 36
Powers = 36
Accessibility = 37
Cooperation = 38
Operational efficiency and capacity = 38
Accountability = 39
C. CHALLENGES FOR NATIONAL HUMAN RIGHTS INSITUTIONS IN ADDRESSING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 40
Internal factors = 40
External factors............................................................................................... 40
III. THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN PROTECTING AND PROMOTING ECONOMIC, SOCIAL AND CULTURAL = 43
A. DEALING WITH VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 45
Why deal with violations of economic, social and cultural rights? = 45
Investigative principles = 47
A complaints-based framework for dealing with violations of economic, social and cultural rights = 48
The steps in investigating individual violations = 49
Investigating systemic violations = 54
B. MONITORING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 57
Why monitor economic, social and cultural rights? = 57
Principles = 58
A framework for monitoring = 60
C. PROMOTING ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 74
Why promote economic, social and cultural rights? = 74
Principles = 75
A framework for promotion = 76
Promoting State recognition of obligations relating to economic, social and cultural rights = 83
Promoting judicial recognition of the justiciability of economic, social and cultural rights = 86
Promoting awareness and empowerment through public education = 88
Promoting observance of economic, social and cultural rights by non-State actors = 89
Training small groups in economic, social and cultural rights = 89
CONCLUSION = 93
ANNEXES = 97
Key international instruments = 99
1. International Covenant on Economic, Social and Cultural Rights = 99
2. Principles relating to the status of national institutions = 109
3. General Comment No. 10 of the Committee on Economic, Social and
Cultural Rights: The role of national human rights institutions in the protection of economic, social and cultural rights = 113
4. General Comment No. 3 of the Committee on Economic, Social and Cultural Rights: The nature of States parties’ obligations = 115
5. The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights = 117
6. The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights = 125
Selected bibliography = 137