Optional Protocol
In 1996, acting upon a recommendation by the World Conference on Human Rights, the
CESCR elaborated a draft Optional Protocol to the ICESCR granting the right of individuals
or groups to submit communications concerning non-compliance with the Covenant. The
draft Optional Protocol was adopted by the Human Rights Council in June 2008, and by the
UN General Assembly in December 2008. It entered into force in May 2013.
3.6.4 Issues & Difficulties
Unfortunately, the compliance mechanisms established to monitor, facilitate and ensure the
observance by State Parties to the ICESCR remain unsatisfactory. Firstly, many States fail to
fulfil their reporting obligations by submitting late, incomplete, inadequate or vague reports.
Secondly, very little case law exists in the field of economic, social and cultural rights,
complicating the task of interpreting and applying these rights, which are already considered
vague and ambiguous by some. This second difficulty may be attenuated by the coming into
force of the Optional Protocol discussed above, which allows the CESCR to hear individual
or group complaints.
See ICCPR, supra note 22, ([s]tates undertake to “respect and ensure rights recognized in the Covenant” at
Article 2(1)).
28 General Comment No 3, supra note 9 at para 2.
29 Ibid at para 10.
30 ICESCR, supra note 21, at Article 2(2).
31 Ibid at para 9.
32 Ibid.
33 Ibid.
34 Ibid, at para 10.
35 Ibid, at para 11.
36 Ibid, at para 12.
37 Ibid, at para 8.
38 CESCR, General Comment No 9, UN Doc E/C.12/1998/24, (3 December 1998) at para 5 [General Comment No
9].
39 Ibid at paras 7-8.
40 General Comment No 3, supra note 9 at paras 3-4.
41 Ibid at para 7.
42 Ibid at para 10.
43 Ibid.
44 General Comment No 3, supra note 9 at para 5.
45 A self-executing rule is a rule that can be applied by a judicial body. A non-self-executing rule must be
operationalized in some way before it can be applied by a judicial body.
46 General Comment No 9, supra note 38 at para 11.
47 Ibid at para 11.
48 Ibid.
49 See ICCPR, supra note 22, Article 2(3)(a) ([s]tates are obligated to provide effective remedies with respect to
violations of civil and political rights under the terms of certain human rights treaties); Prosecutor v Rwamakuba,
27
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