Programme for the day: The discussion today focused on the question of justiciability. At the outset, the Chair asked delegates to consider whether economic, social and cultural rights were justiciable at the domestic, regional or international level.
Thanks to Aaron (Rehabilitation International) and Vince (Nova Scotia Legal Aid/ESCR-Net) for preparing this report.
Programme for the day: The first part of the morning was taken up with States Parties posing questions to Professor Riedel. These touched on the legal status of the Committee, the ability of complaints under an OP to deal with the “cascading effect of colonialism in the developing world”.
Programme for the day : Experts from different treaty bodies addressed the delegates. Professor Martin Scheinin examined the work of the Human Rights Committee and the First Optional Protocol to the ICCPR, and M. Régis de Gouttes examined the work of the Committee on the Elimination of Racial Discrimination in receiving communications. Professor Eibe Riedel examined the work of the Committee on Economic, Social and Cultural Rights. Professor Riedel focused his presentation on five key arguments related to the content of economic, social and cultural rights, while Professor Scheinin and M. de Gouttes focused greater attention on procedural considerations in receiving communications, highlighting shortcomings as well as identifying the benefits of a communications procedure.
Thanks to Wilma (FIAN) for preparing this report.
Programme of the session: Special Rapporteurs on the Right to Housing, Miloon Kothari, and on the Right to Health, Paul Hunt, were present in the morning and the afternoon. They did a brief presentation in favour of the elaboration of an OP in the morning; Hunt talked mainly about Justiciability and the Nature and Scope of states obligations, Kothari about experiences of his missions and the increasing negative development of judicial decisions. Then they entered into an open dialogue with state delegates.
By Edwin Berry, Legal Officer, International Commission of Jurists. As a general comment, I would say that Day One of the Working Group was relatively well attended and, to the best of my knowledge, the United States was absent from the debate.
The following are the opening statements of States and IGO’s. Please read through the review of this session and see whether the information can further assist in your national efforts.
The opening statements of states