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48-659: The Third Committee meets every year in early October and aims to finish its work by the end of November. All 193 member states of the UN can attend. As in previous sessions, an important part of the work of the committee will focus on the examination of human rights questions, including reports of the special procedures of the Human Rights Council which was established in 2006. The work of the committee focuses on human rights, humanitarian affairs and social issues. In addition, it also considers issues relating to: The work of

96-826: A Director who is accountable to the High Commissioner. The core functions of the Division are to: The Field Operations and Technical Cooperation Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: (Source: OHCHR Website) Journalist Emma Reilly leaked e-mails in 2020 and 2021 in which the OHCHR provided names of Chinese participants in UN human rights activities to China on request. This occurred on multiple occasions from before 2012 to at least 2019, despite an explicit ban against this sort of activity. In some cases, after obtaining their name in advance from

144-527: A legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take " progressive action " towards their fulfilment. The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on

192-530: A legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action . State parties to

240-523: A range of work related economic, social and cultural rights. Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science. The African Charter on Human and Peoples' Rights protects the right to work in Article 15,

288-886: Is Ilze Brands Kehris  [ fr ] . The Staff Office of the United Nations High Commissioner for Human Rights is headed by a Chief who is accountable to the High Commissioner. The core functions of the Staff Office are to: The Administrative Section is headed by a Chief, Kyle F. Ward, who is accountable to the Deputy High Commissioner. The core functions of the Administrative Section, in addition to those set out in section 7 of Secretary-General's bulletin ST/SGB/1997/5, are to: The New York Office

336-717: Is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights . The office is headed by the High Commissioner for Human Rights, who co-ordinates human rights activities throughout

384-798: Is an ex officio member of the Committee of the United Nations Development Group . The mandate of OHCHR derives from Articles 1, 13 and 55 of the Charter of the United Nations , the Vienna Declaration and Programme of Action and General Assembly resolution 48/141 of 20 December 1993, by which the Assembly established the post of United Nations High Commissioner for Human Rights. In connection with

432-510: Is available. The Centre on Housing Rights and Evictions ( COHRE ) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo. According to Karel Vasak 's theory of three generations of human rights , economic, social and cultural rights are considered second-generation rights, while civil and political rights , such as freedom of speech , right to a fair trial , and

480-516: Is given to the projects, activities, organs and bodies of the human rights programme, represents the Secretary-General at meetings of human rights organs and at other human rights events, and carries out special assignments as decided by the Secretary-General. As well as those human rights that are currently included in legally binding treaties, the High Commissioner also promotes human rights yet to be recognized in international law (such as

528-466: Is headed by an Assistant Secretary-General who is accountable to the High Commissioner. The core functions of the New York Office are to: The Thematic Engagement, Special Procedures and Right to Development Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: The Human Rights Council and Treaty Mechanisms Division is headed by

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576-535: Is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of

624-430: Is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10,

672-518: The Committee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013. In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at

720-636: The High Commissioner for Refugees each year. In its 75th Session, the committee will focus on: The following make up the bureau of the Third Committee for the 75th Session of the General Assembly : This United Nations –related article is a stub . You can help Misplaced Pages by expanding it . High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights ( OHCHR )

768-639: The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced

816-599: The Secretary-General , is responsible for all the activities of the OHCHR, as well as for its administration, and carries out the functions specifically assigned to him or her by the UN General Assembly in its resolution 48/141 of 20 December 1993 and subsequent resolutions of policy-making bodies. He or she advises the Secretary-General on the policies of the United Nations in the area of human rights, ensures that substantive and administrative support

864-502: The UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27. The International Covenant on Economic, Social and Cultural Rights (ICESCR)

912-689: The United Nations System and acts as the secretariat of the Human Rights Council in Geneva , Switzerland. The eighth and current High Commissioner is Volker Türk of Austria , who succeeded Michelle Bachelet of Chile on 8 September 2022. In 2018–2019, the department had a budget of US$ 201.6 million (3.7 per cent of the United Nations regular budget), and approximately 1,300 employees based in Geneva and New York City. It

960-1069: The common good , not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them. Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland , Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and

1008-498: The commons as well as care and social reproduction . In Ireland , social movements such as the ' Right2Water ' and ' Repeal the 8th ' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights. Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have

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1056-404: The right to an adequate standard of living , including the right to food and the right to housing , in Article 11, the right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights , adopted at the same time as

1104-407: The right to health in Article 16, and the right to education in Article 17. The European Social Charter protects a wide range of economic, social and cultural rights, including the right to work , to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security , including

1152-680: The 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of the Constitution to contain positive social rights. Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt

1200-558: The Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect

1248-549: The High Commissioner at United Nations Headquarters in New York and promotes the integration of human rights in policy processes and activities undertaken by inter-governmental and inter-agency bodies at the United Nations. The post of Assistant Secretary-General for Human Rights was created in 2010, when Ivan Šimonović was appointed to the position. From 2016 to 2019, the position was held by Andrew Gilmour . The current Assistant Secretary-General for Human Rights, since 2020,

1296-559: The High Commissioner. The Deputy is accountable to the High Commissioner. The current Deputy High Commissioner for Human Rights is the Australian national Kate Gilmore . The Assistant Secretary-General for Human Rights (not to be confused with the Deputy High Commissioner, who is also an Assistant Secretary-General) is based in New York City and heads the New York Office of the High Commissioner. The New York Office represents

1344-468: The Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review. Education is guaranteed as a human right in many human rights treaties , including: The right to education places the individual at the centre of education frameworks. Education as a human right has the following characteristics: The right to education places legal obligations on states when they make decisions regarding education and

1392-417: The ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures. Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent",

1440-470: The ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with

1488-483: The ICESCR rights. The Committee issues guiding pronouncements in the form of general comments , and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights. Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and

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1536-456: The ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic , religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27. A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on

1584-486: The Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights. Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments. The Universal Declaration on Human Rights (UDHR), adopted by

1632-629: The Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on

1680-450: The Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation (see child labour ) in Article 32. The Convention on

1728-419: The Third Committee begins in early October and is usually finished by the end of November. Unlike most other bodies of the General Assembly, the work of the Third Committee does not begin with a general debate between its members. Instead, its agenda items are debated individually from the beginning of the session. The Third Committee hosts interactive dialogues with the High Commissioner for Human Rights and

1776-637: The UN, the Chinese Communist Party made sure an activist was not able to leave China for Geneva to attend. Economic, social and cultural rights Economic, social and cultural rights ( ESCR ) are socio-economic human rights , such as the right to education , right to housing , right to an adequate standard of living , right to health , victims' rights and the right to science and culture . Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have

1824-570: The UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level. For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to

1872-495: The adoption of economic, social and cultural rights as a strategic priority, which are not all currently recognized in international legal instruments). The United Nations High Commissioner for Human Rights, in the performance of his or her activities, is assisted by a Deputy High Commissioner who acts as Officer-in-Charge during the absence of the High Commissioner. In addition, the Deputy High Commissioner carries out specific substantive and administrative assignments as decided by

1920-675: The boundaries permitted under international human rights law (IHRL). The main aspects of education are: Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights . Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures

1968-467: The democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses. Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development. Contemporary welfare states tend to emphasize decommodification , general welfare and

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2016-458: The education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of its citizens and non-citizens. These standards define what states must do and avoid doing in order to ensure the dignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within

2064-490: The knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions. In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights , which gives

2112-458: The monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights . International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have

2160-745: The normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education , and the Special Rapporteur on Violence Against Women. A number of national constitutions recognize economic, social and cultural rights. For example,

2208-486: The programme for reform of the United Nations (A/51/950, para. 79), the OHCHR and the Centre for Human Rights were consolidated into a single OHCHR on 15 September 1997. The objectives of OHCHR are to: The OHCHR is divided into organizational units, as described below. The OHCHR is headed by a High Commissioner with the rank of Under-Secretary-General . The United Nations High Commissioner for Human Rights, accountable to

2256-592: The right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system. A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source

2304-748: The state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with

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