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The Optional Protocol to the ICESCR

Learn about the Optional Protocol to the ICESCR and how to strategically navigate the inter-state communications, inquiry, and communications procedures. Discover how to choose a compelling case, make persuasive arguments, request effective remedies, and incorporate litigation into a wider advocacy strategy.

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The Optional Protocol to the ICESCR

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  1. The Optional Protocol to the ICESCR Susie Talbot, INTERIGHTS

  2. Overview of session • The ICESCR and OP-ICESCR background • Opportunities under the OP-ICESCR • Taking a strategic case from the national level to the CESCR

  3. The ICESCR • Overarching principles of the Covenant • Rights included:  • Rights about working and the conditions of work • Rights about social security, protection and assistance • Rights about adequate living standards, health, education and cultural life

  4. Background to the OP-ICESCR • No right without a remedy • Universal, interdependent and indivisible • Negotiation and drafting of OP • Entry into force on 5 May 2013

  5. Opportunities under the OP • Inter-state communications procedure • Inquiry procedure • Communications procedure

  6. Inter-State communications • Mechanism for inter-State complaints resolution • Requires opt-in by State parties • Procedure

  7. Inquiry procedure • Mechanism for CESCR inquiry into grave and systematic violations • Requires opt-in by State parties • Procedure

  8. Communications procedure • Mechanism for complaining that a State Party has violated one or more Covenant rights • Submitting a communication • Standing • Admissibility criteria • Costs • Friendly settlement

  9. Interim measures • Victims of alleged violations can request to avoid irreparable damage • Not a decision on admissibility or the merits

  10. Assessing a communication • Transmission • Examination • Documents/information to consider • ‘Reasonableness’ standard of review • Guidance – general comments, conclusions in State reporting, similar c/ees etc

  11. Outcome • Views and recommendations • CESCR follow up • Implementation • International assistance and cooperation

  12. Taking a strategic case from the national level to the CESCR • (1) choosing a case • (2) the ‘right’ claimant(s) and respondent(s) • (3) making a persuasive argument • (4) asking for effective remedies • (5) litigation within a wider advocacy strategy

  13. (1) Choosing a case • Importance of issue • Sources of cases

  14. (2) Who is involved? • Possible claimants • Standing • Individual circumstances • Safety and confidentiality • Engagement by affected communities • The respondent State

  15. (3) Making an effective argument • Consider all key rights engaged by situation • Make a clear and persuasive argument • Using international and comparative law • Expert evidence • Asking others to intervene

  16. (4) Remedies • Consider both individual and general • Be specific • Work with relevant stakeholders

  17. (5) Wider advocacy strategy • Long-term legal strategy • Wider advocacy strategy

  18. Conclusion and next steps • Key socio-economic issues in your country • National level  international level • Increase the impact • Susie Talbot • stalbot@interights.org

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