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Persons with Disabilities 1994, para. 8
- Paragraph text
- The United Nations has estimated that there are more than 500 million persons with disabilities in the world today. Of that number, 80 per cent live in rural areas in developing countries. Seventy per cent of the total are estimated to have either limited or no access to the services they need. The challenge of improving the situation of persons with disabilities is thus of direct relevance to every State party to the Covenant. While the means chosen to promote the full realization of the economic, social and cultural rights of this group will inevitably differ significantly from one country to another, there is no country in which a major policy and programme effort is not required.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 9
- Paragraph text
- The obligation of States parties to the Covenant to promote progressive realization of the relevant rights to the maximum of their available resources clearly requires Governments to do much more than merely abstain from taking measures which might have a negative impact on persons with disabilities. The obligation in the case of such a vulnerable and disadvantaged group is to take positive action to reduce structural disadvantages and to give appropriate preferential treatment to people with disabilities in order to achieve the objectives of full participation and equality within society for all persons with disabilities. This almost invariably means that additional resources will need to be made available for this purpose and that a wide range of specially tailored measures will be required.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 10
- Paragraph text
- According to a report by the Secretary General, developments over the past decade in both developed and developing countries have been especially unfavourable from the perspective of persons with disabilities: ... current economic and social deterioration, marked by low growth rates, high unemployment, reduced public expenditure, current structural adjustment programmes and privatization, have negatively affected programmes and services ... If the present negative trends continue, there is the risk that [persons with disabilities] may increasingly be relegated to the margins of society, dependent on ad hoc support. As the Committee has previously observed (general comment No. 3 (Fifth session, 1990), para. 12), the duty of States parties to protect the vulnerable members of their societies assumes greater rather than less importance in times of severe resource constraints.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 12
- Paragraph text
- In the absence of government intervention there will always be instances in which the operation of the free market will produce unsatisfactory results for persons with disabilities, either individually or as a group, and in such circumstances it is incumbent on Governments to step in and take appropriate measures to temper, complement, compensate for, or override the results produced by market forces. Similarly, while it is appropriate for Governments to rely on private, voluntary groups to assist persons with disabilities in various ways, such arrangements can never absolve Governments from their duty to ensure full compliance with their obligations under the Covenant. As the World Programme of Action concerning Disabled Persons states, "the ultimate responsibility for remedying the conditions that lead to impairment and for dealing with the consequences of disability rests with Governments".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 13
- Paragraph text
- The methods to be used by States parties in seeking to implement their obligations under the Covenant towards persons with disabilities are essentially the same as those available in relation to other obligations (see general comment No. 1 (Third session, 1989)). They include the need to ascertain, through regular monitoring, the nature and scope of the problems existing within the State; the need to adopt appropriately tailored policies and programmes to respond to the requirements thus identified; the need to legislate where necessary and to eliminate any existing discriminatory legislation; and the need to make appropriate budgetary provisions or, where necessary, seek international cooperation and assistance. In the latter respect, international cooperation in accordance with articles 22 and 23 of the Covenant is likely to be a particularly important element in enabling some developing countries to fulfil their obligations under the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 14
- Paragraph text
- In addition, it has been consistently acknowledged by the international community that policy making and programme implementation in this area should be undertaken on the basis of close consultation with, and involvement of, representative groups of the persons concerned. For this reason, the Standard Rules recommend that everything possible be done to facilitate the establishment of national coordinating committees, or similar bodies, to serve as a national focal point on disability matters. In doing so, Governments should take account of the 1990 Guidelines for the Establishment and Development of National Coordinating Committees on Disability or Similar Bodies.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 15
- Paragraph text
- Both de jure and de facto discrimination against persons with disabilities have a long history and take various forms. They range from invidious discrimination, such as the denial of educational opportunities, to more "subtle" forms of discrimination such as segregation and isolation achieved through the imposition of physical and social barriers. For the purposes of the Covenant, "disability based discrimination" may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights. Through neglect, ignorance, prejudice and false assumptions, as well as through exclusion, distinction or separation, persons with disabilities have very often been prevented from exercising their economic, social or cultural rights on an equal basis with persons without disabilities. The effects of disability based discrimination have been particularly severe in the fields of education, employment, housing, transport, cultural life, and access to public places and services.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 16
- Paragraph text
- Despite some progress in terms of legislation over the past decade, the legal situation of persons with disabilities remains precarious. In order to remedy past and present discrimination, and to deter future discrimination, comprehensive anti discrimination legislation in relation to disability would seem to be indispensable in virtually all States parties. Such legislation should not only provide persons with disabilities with judicial remedies as far as possible and appropriate, but also provide for social policy programmes which enable persons with disabilities to live an integrated, self determined and independent life.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 17
- Paragraph text
- Anti discrimination measures should be based on the principle of equal rights for persons with disabilities and the non disabled, which, in the words of the World Programme of Action concerning Disabled Persons, "implies that the needs of each and every individual are of equal importance, that these needs must be made the basis for the planning of societies, and that all resources must be employed in such a way as to ensure, for every individual, equal opportunity for participation. Disability policies should ensure the access of [persons with disabilities] to all community services".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 19
- Paragraph text
- Persons with disabilities are sometimes treated as genderless human beings. As a result, the double discrimination suffered by women with disabilities is often neglected. Despite frequent calls by the international community for particular emphasis to be placed upon their situation, very few efforts have been undertaken during the Decade. The neglect of women with disabilities is mentioned several times in the report of the Secretary General on the implementation of the World Programme of Action. The Committee therefore urges States parties to address the situation of women with disabilities, with high priority being given in future to the implementation of economic, social and cultural rights related programmes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Persons with disabilities
- Women
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 20
- Paragraph text
- The field of employment is one in which disability based discrimination has been prominent and persistent. In most countries the unemployment rate among persons with disabilities is two to three times higher than the unemployment rate for persons without disabilities. Where persons with disabilities are employed, they are mostly engaged in low paid jobs with little social and legal security and are often segregated from the mainstream of the labour market. The integration of persons with disabilities into the regular labour market should be actively supported by States.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 21
- Paragraph text
- The "right of everyone to the opportunity to gain his living by work which he freely chooses or accepts" (art. 6 (1)) is not realized where the only real opportunity open to disabled workers is to work in so called "sheltered" facilities under sub standard conditions. Arrangements whereby persons with a certain category of disability are effectively confined to certain occupations or to the production of certain goods may violate this right. Similarly, in the light of principle 13 (3) of the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, "therapeutical treatment" in institutions which amounts to forced labour is also incompatible with the Covenant. In this regard, the prohibition on forced labour contained in the International Covenant on Civil and Political Rights is also of potential relevance.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 22
- Paragraph text
- According to the Standard Rules, persons with disabilities, whether in rural or urban areas, must have equal opportunities for productive and gainful employment in the labour market. For this to happen it is particularly important that artificial barriers to integration in general, and to employment in particular, be removed. As the International Labour Organization has noted, it is very often the physical barriers that society has erected in areas such as transport, housing and the workplace which are then cited as the reason why persons with disabilities cannot be employed. For example, as long as workplaces are designed and built in ways that make them inaccessible to wheelchairs, employers will be able to "justify" their failure to employ wheelchair users. Governments should also develop policies which promote and regulate flexible and alternative work arrangements that reasonably accommodate the needs of disabled workers.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 26
- Paragraph text
- Trade union related rights (art. 8) apply equally to workers with disabilities and regardless of whether they work in special work facilities or in the open labour market. In addition, article 8, read in conjunction with other rights such as the right to freedom of association, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in "the promotion and protection of [the] economic and social interests" (art. 8 (1) (a)) of such persons, they should be consulted regularly by government bodies and others in relation to all matters affecting them; it may also be necessary that they be supported financially and otherwise so as to ensure their viability.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 28
- Paragraph text
- Social security and income maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, "States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities". Such support should reflect the special needs for assistance and other expenses often associated with disability. In addition, as far as possible, the support provided should also cover individuals (who are overwhelmingly female) who undertake the care of a person with disabilities. Such persons, including members of the families of persons with disabilities, are often in urgent need of financial support because of their assistance role.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Women
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 30
- Paragraph text
- In the case of persons with disabilities, the Covenant's requirement that "protection and assistance" be rendered to the family means that everything possible should be done to enable such persons, when they so wish, to live with their families. Article 10 also implies, subject to the general principles of international human rights law, the right of persons with disabilities to marry and have their own family. These rights are frequently ignored or denied, especially in the case of persons with mental disabilities. In this and other contexts, the term "family" should be interpreted broadly and in accordance with appropriate local usage. States parties should ensure that laws and social policies and practices do not impede the realization of these rights. Persons with disabilities should have access to necessary counselling services in order to fulfil their rights and duties within the family.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 31
- Paragraph text
- Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, "persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood". The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide. Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Women
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 33
- Paragraph text
- In addition to the need to ensure that persons with disabilities have access to adequate food, accessible housing and other basic material needs, it is also necessary to ensure that "support services, including assistive devices" are available "for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights". The right to adequate clothing also assumes a special significance in the context of persons with disabilities who have particular clothing needs, so as to enable them to function fully and effectively in society. Wherever possible, appropriate personal assistance should also be provided in this connection. Such assistance should be undertaken in a manner and spirit which fully respect the human rights of the person(s) concerned. Similarly, as already noted by the Committee in paragraph 8 of general comment No. 4 (Sixth session, 1991), the right to adequate housing includes the right to accessible housing for persons with disabilities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 34
- Paragraph text
- According to the Standard Rules, "States should ensure that persons with disabilities, particularly infants and children, are provided with the same level of medical care within the same system as other members of society". The right to physical and mental health also implies the right to have access to, and to benefit from, those medical and social services including orthopaedic devices which enable persons with disabilities to become independent, prevent further disabilities and support their social integration. Similarly, such persons should be provided with rehabilitation services which would enable them "to reach and sustain their optimum level of independence and functioning". All such services should be provided in such a way that the persons concerned are able to maintain full respect for their rights and dignity.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Children
- Infants
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 35
- Paragraph text
- School programmes in many countries today recognize that persons with disabilities can best be educated within the general education system. Thus the Standard Rules provide that "States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings". In order to implement such an approach, States should ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non disabled peers. In the case of deaf children, for example, sign language should be recognized as a separate language to which the children should have access and whose importance should be acknowledged in their overall social environment.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Persons with disabilities
- Youth
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 38
- Paragraph text
- In order to facilitate the equal participation in cultural life of persons with disabilities, Governments should inform and educate the general public about disability. In particular, measures must be taken to dispel prejudices or superstitious beliefs against persons with disabilities, for example those that view epilepsy as a form of spirit possession or a child with disabilities as a form of punishment visited upon the family. Similarly, the general public should be educated to accept that persons with disabilities have as much right as any other person to make use of restaurants, hotels, recreation centres and cultural venues.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 1
- Paragraph text
- The world population is ageing at a steady, quite spectacular rate. The total number of persons aged 60 and above rose from 200 million in 1950 to 400 million in 1982 and is projected to reach 600 million in the year 2001 and 1.2 billion by the year 2025, at which time over 70 per cent of them will be living in what are today's developing countries. The number of people aged 80 and above has grown and continues to grow even more dramatically, rising from 13 million in 1950 to over 50 million today, and is projected to increase to 137 million in 2025. This is the fastest growing population group in the world, projected to increase by a factor of 10 between 1950 and 2025, compared with a factor of six for the group aged 60 and above and a factor of little more than three for the total population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 3
- Paragraph text
- Most of the States parties to the Covenant, and the industrialized countries in particular, are faced with the task of adapting their social and economic policies to the ageing of their populations, especially as regards social security. In the developing countries, the absence or deficiencies of social security coverage are being aggravated by the emigration of the younger members of the population and the consequent weakening of the traditional role of the family, the main support of older people.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personas afectadas
- Families
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 4
- Paragraph text
- In 1982, the World Assembly on Ageing adopted the International Plan of Action on Ageing. This important document was endorsed by the General Assembly and is a very useful guide, for it details the measures that should be taken by Member States to safeguard the rights of older persons within the context of the rights proclaimed by the International Covenants on Human Rights. It contains 62 recommendations, many of which are of direct relevance to the International Covenant on Economic, Social and Cultural Rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 5
- Paragraph text
- In 1991, the General Assembly adopted the United Nations Principles for Older Persons, which, because of their programmatic nature, also constitute an important document in the present context. The Principles are divided into five sections which correlate closely to the rights recognized in the Covenant. The section entitled "Independence" includes access to adequate food, water, shelter, clothing and health care. To these basic rights are added the opportunity for remunerated work and access to education and training. Under "Participation", it is stated that older persons should participate actively in the formulation and implementation of policies that affect their well-being and share their knowledge and skills with younger generations, and should be able to form movements and associations. The section headed "Care" proclaims that older persons should benefit from family care and health care and be able to enjoy human rights and fundamental freedoms when residing in a shelter, care or treatment facility. With regard to "Self-fulfilment", the Principles state that older persons should be able to pursue opportunities for the full development of their potential through access to the educational, cultural, spiritual and recreational resources of their societies. Lastly, the section entitled "Dignity" states that older persons should be able to live in dignity and security and be free of exploitation and physical or mental abuse, should be treated fairly, regardless of age, gender, racial or ethnic background, disability or other status, and should be valued independently of their economic contribution.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 7
- Paragraph text
- Also in 1992, and in commemoration of the tenth anniversary of the adoption of the International Plan of Action on Ageing, the General Assembly adopted the Proclamation on Ageing, in which it urged support of national initiatives on ageing so that older women are given adequate support for their largely unrecognized contributions to society and older men are encouraged to develop social, cultural and emotional capacities which they may have been prevented from developing during breadwinning years; so that families are supported in providing care and all family members encouraged to cooperate in caregiving; and so that international cooperation is expanded in the context of the strategies for reaching the global targets on ageing for the year 2001. It also proclaimed the year 1999 as the International Year of Older Persons in recognition of humanity's demographic "coming of age".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Families
- Older persons
- Women
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 9
- Paragraph text
- The terminology used to describe older persons varies considerably, even in international documents. It includes: "older persons", "the aged", "the elderly", "the third age", "the ageing" and, to denote persons more than 80 years of age, "the fourth age". The Committee has opted for "older persons" (in French, personnes âgées; in Spanish, personas mayores), the term employed in General Assembly resolutions 47/5 and 48/98. According to the practice in the United Nations statistical services, these terms cover persons aged 60 and above. (The statistical service of the European Union, Eurostat, considers "older persons" to mean persons aged 65 or above, since 65 is the most common age of retirement and the trend is towards later retirement still.)
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 10
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights does not contain any explicit reference to the rights of older persons, although article 9, dealing with "the right of everyone to social security, including social insurance", implicitly recognizes the right to old-age benefits. Nevertheless, in view of the fact that the Covenant's provisions apply fully to all members of society, it is clear that older persons are entitled to enjoy the full range of rights recognized in the Covenant. This approach is also fully reflected in the International Plan of Action on Ageing. Moreover, in so far as respect for the rights of older persons requires special measures to be taken, States parties are required by the Covenant to do so to the maximum of their available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 12
- Paragraph text
- This is not determinative of the matter, however, since the prohibition of discrimination on the grounds of "other status" could be interpreted as applying to age. The Committee notes that, while it may not yet be possible to conclude that discrimination on the grounds of age is comprehensively prohibited by the Covenant, the range of matters in relation to which such discrimination can be accepted is very limited. Moreover, it must be emphasized that the unacceptableness of discrimination against older persons is underlined in many international policy documents and is confirmed in the legislation of the vast majority of States. In the few areas in which discrimination continues to be tolerated, such as in relation to mandatory retirement ages or access to tertiary education, there is a clear trend towards the elimination of such barriers. The Committee is of the view that States parties should seek to expedite this trend to the greatest extent possible.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 13
- Paragraph text
- Accordingly, the Committee on Economic, Social and Cultural Rights is of the view that States parties to the Covenant are obligated to pay particular attention to promoting and protecting the economic, social and cultural rights of older persons. The Committee's own role in this regard is rendered all the more important by the fact that, unlike the case of other population groups such as women and children, no comprehensive international convention yet exists in relation to the rights of older persons and no binding supervisory arrangements attach to the various sets of United Nations principles in this area.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Children
- Older persons
- Women
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 14
- Paragraph text
- By the end of its thirteenth session, the Committee and its predecessor, the Sessional Working Group of Governmental Experts, had examined 153 initial reports, 71 second periodic reports and 25 global reports on articles 1 to 15 of the Covenant. This work made it possible to identify many of the problems that may be encountered in implementing the Covenant in a considerable number of States parties representing all the regions of the world and having different political, socio-economic and cultural systems. The reports examined to date have not provided any information in a systematic way on the situation of older persons as regards compliance with the Covenant, apart from information, of varying completeness, on the implementation of article 9 relating to the right to social security.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 15
- Paragraph text
- In 1993, the Committee devoted a day of general discussion to this issue to assist it in formulating its views. Moreover, it has, at recent sessions, begun to attach substantially more importance to information on the rights of older persons and its questioning has elicited some very valuable information in some instances. Nevertheless, the Committee notes that the great majority of States parties' reports continue to make little reference to this important issue. It therefore wishes to indicate that, in future, it will insist that the situation of older persons in relation to each of the rights recognized in the Covenant should be adequately addressed in all reports. The remainder of this General Comment identifies the specific issues which are relevant in this regard.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 17
- Paragraph text
- Side by side with older persons who are in good health and whose financial situation is acceptable, there are many who do not have adequate means of support, even in developed countries, and who feature prominently among the most vulnerable, marginal and unprotected groups. In times of recession and of restructuring of the economy, older persons are particularly at risk. As the Committee has previously stressed (General Comment No. 3 (1990), para. 12), even in times of severe resource constraints, States parties have the duty to protect the vulnerable members of society.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 18
- Paragraph text
- The methods that States parties use to fulfil the obligations they have assumed under the Covenant in respect of older persons will be basically the same as those for the fulfilment of other obligations (see General Comment No. 1 (1989)). They include the need to determine the nature and scope of problems within a State through regular monitoring, the need to adopt properly designed policies and programmes to meet requirements, the need to enact legislation when necessary and to eliminate any discriminatory legislation, and the need to ensure the relevant budget support or, as appropriate, to request international cooperation. In the latter connection, international cooperation in accordance with articles 22 and 23 of the Covenant may be a particularly important way of enabling some developing countries to fulfil their obligations under the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 19
- Paragraph text
- In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 20
- Paragraph text
- In accordance with article 3 of the Covenant, by which States parties undertake "to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights", the Committee considers that States parties should pay particular attention to older women who, because they have spent all or part of their lives caring for their families without engaging in a remunerated activity entitling them to an old-age pension, and who are also not entitled to a widow's pension, are often in critical situations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Women
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 21
- Paragraph text
- To deal with such situations and comply fully with article 9 of the Covenant and paragraph 2 (h) of the Proclamation on Ageing, States parties should institute non-contributory old-age benefits or other assistance for all persons, regardless of their sex, who find themselves without resources on attaining an age specified in national legislation. Given their greater life expectancy and the fact that it is more often they who have no contributory pensions, women would be the principal beneficiaries.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Women
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 24
- Paragraph text
- In the years preceding retirement, retirement-preparation programmes should be implemented, with the participation of representative organizations of employers and workers and other bodies concerned, to prepare older workers to cope with their new situation. Such programmes should, in particular, provide older workers with information about their rights and obligations as pensioners; the opportunities and conditions for continuing an occupational activity or undertaking voluntary work; means of combating detrimental effects of ageing; facilities for adult education and cultural activities; and the use of leisure time.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 30
- Paragraph text
- Furthermore, as already observed in paragraphs 20 and 21 above, in order fully to implement the provisions of article 9 of the Covenant, States parties should, within the limits of available resources, provide non-contributory old-age benefits and other assistance for all older persons who, when reaching the age prescribed in national legislation, have not completed a qualifying period of contribution and are not entitled to an old-age pension or other social security benefits or assistance and have no other source of income.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 31
- Paragraph text
- In accordance with article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society's system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non-governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low-income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 33
- Paragraph text
- Recommendations 19 to 24 of the International Plan of Action on Ageing emphasize that housing for the elderly must be viewed as more than mere shelter and that, in addition to the physical, it has psychological and social significance which should be taken into account. Accordingly, national policies should help elderly persons to continue to live in their own homes as long as possible, through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them (recommendation 19). Recommendation 20 stresses the need for urban rebuilding and development planning and law to pay special attention to the problems of the ageing, assisting in securing their social integration. Recommendation 22 draws attention to the need to take account of the functional capacity of the elderly in order to provide them with a better living environment and facilitate mobility and communication through the provision of adequate means of transport.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Health
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 34
- Paragraph text
- With a view to the realization of the right of older persons to the enjoyment of a satisfactory standard of physical and mental health, in accordance with article 12, paragraph 1, of the Covenant, States parties should take account of the content of recommendations 1 to 17 of the International Plan of Action on Ageing, which focus entirely on providing guidelines on health policy to preserve the health of the elderly and take a comprehensive view, ranging from prevention and rehabilitation to the care of the terminally ill.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 35
- Paragraph text
- Clearly, the growing number of chronic, degenerative diseases and the high hospitalization costs they involve cannot be dealt with only by curative treatment. In this regard, States parties should bear in mind that maintaining health into old age requires investments during the entire life-span, basically through the adoption of healthy lifestyles (food, exercise, elimination of tobacco and alcohol, etc.). Prevention, through regular checks suited to the needs of older persons, plays a decisive role, as does rehabilitation, by maintaining the functional capacities of older persons, with a resulting decrease in the cost of investments in health care and social services.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 37
- Paragraph text
- With regard to the former, States parties should take account of: (a) the recommendation in principle 4 of the United Nations Principles for Older Persons to the effect that older persons should have access to suitable education programmes and training and should, therefore, on the basis of their preparation, abilities and motivation, be given access to the various levels of education through the adoption of appropriate measures regarding literacy training, lifelong education, access to university, etc.; (b) recommendation 47 of the International Plan of Action on Ageing, which, in accordance with the concept of lifelong education promulgated by the UNESCO, recommends informal, community-based and recreation-oriented programmes for older persons in order to develop their sense of self-reliance and community responsibility. Such programmes should enjoy the support of national Governments and international organizations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 38
- Paragraph text
- With regard to use of the know-how and experience of older persons, as referred to in the recommendations of the International Plan of Action on Ageing dealing with education (paras. 74-76), attention is drawn to the important role that elderly and old persons still play in most societies as the transmitters of information, knowledge, traditions and spiritual values and to the fact that this important tradition should not be lost. Consequently, the Committee attaches particular importance to the message contained in recommendation 44 of the Plan of Action: "Educational programmes featuring the elderly as the teachers and transmitters of knowledge, culture and spiritual values should be developed."
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 39
- Paragraph text
- In article 15, paragraph 1 (a) and (b), of the Covenant, States parties recognize the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress and its applications. In this respect, the Committee urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, in particular principle 7: "Older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well-being and share their knowledge and skills with younger generations"; and principle 16: "Older persons should have access to the educational, cultural, spiritual and recreational resources of society".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Older persons
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 41
- Paragraph text
- Recommendation 50 of the Plan of Action stresses the need for Governments, non-governmental organizations and older persons themselves to make efforts to overcome negative stereotyped images of older persons as suffering from physical and psychological disabilities, incapable of functioning independently and having neither role nor status in society. These efforts, in which the media and educational institutions should also take part, are essential for achieving a society that champions the full integration of older persons.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Older persons
- Persons with disabilities
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The economic, social and cultural rights of older persons 1995, para. 42
- Paragraph text
- With regard to the right to enjoy the benefits of scientific progress and its applications, States parties should take account of recommendations 60, 61 and 62 of the International Plan of Action on Ageing and make efforts to promote research on the biological, mental and social aspects of ageing and on ways of maintaining functional capacities and preventing and delaying the start of chronic illnesses and disabilities. In this connection, it is recommended that States, intergovernmental organizations and non-governmental organizations should establish institutions specializing in the teaching of gerontology, geriatrics and geriatric psychology in countries where such institutions do not exist.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Persons with disabilities
- Año
- 1995
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 1
- Paragraph text
- In its general comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 4
- Paragraph text
- The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 5
- Paragraph text
- Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subjected to forced eviction may be violated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with article 4 of the Covenant is required so that any limitations imposed must be "determined by law only insofar as this may be compatible with the nature of these [i.e. economic, social and cultural] rights and solely for the purpose of promoting the general welfare in a democratic society".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 1
- Paragraph text
- The reporting obligations which are contained in part IV of the Covenant are designed principally to assist each State party in fulfilling its obligations under the Covenant and, in addition, to provide a basis on which the Council, assisted by the Committee, can discharge its responsibilities for monitoring States parties' compliance with their obligations and for facilitating the realization of economic, social and cultural rights in accordance with the provisions of the Covenant. The Committee considers that it would be incorrect to assume that reporting is essentially only a procedural matter designed solely to satisfy each State party's formal obligation to report to the appropriate international monitoring body. On the contrary, in accordance with the letter and spirit of the Covenant, the processes of preparation and submission of reports by States can, and indeed should, serve to achieve a variety of objectives.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 2
- Paragraph text
- A first objective, which is of particular relevance to the initial report required to be submitted within two years of the Covenant's entry into force for the State party concerned, is to ensure that a comprehensive review is undertaken with respect to national legislation, administrative rules and procedures, and practices in an effort to ensure the fullest possible conformity with the Covenant. Such a review might, for example, be undertaken in conjunction with each of the relevant national ministries or other authorities responsible for policy making and implementation in the different fields covered by the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 3
- Paragraph text
- A second objective is to ensure that the State party monitors the actual situation with respect to each of the rights on a regular basis and is thus aware of the extent to which the various rights are, or are not, being enjoyed by all individuals within its territory or under its jurisdiction. From the Committee's experience to date, it is clear that the fulfilment of this objective cannot be achieved only by the preparation of aggregate national statistics or estimates, but also requires that special attention be given to any worse off regions or areas and to any specific groups or subgroups which appear to be particularly vulnerable or disadvantaged. Thus, the essential first step towards promoting the realization of economic, social and cultural rights is diagnosis and knowledge of the existing situation. The Committee is aware that this process of monitoring and gathering information is a potentially time consuming and costly one and that international assistance and cooperation, as provided for in article 2, paragraph 1 and articles 22 and 23 of the Covenant, may well be required in order to enable some States parties to fulfil the relevant obligations. If that is the case, and the State party concludes that it does not have the capacity to undertake the monitoring process which is an integral part of any process designed to promote accepted goals of public policy and is indispensable to the effective implementation of the Covenant, it may note this fact in its report to the Committee and indicate the nature and extent of any international assistance that it may need.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 4
- Paragraph text
- While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where "compulsory primary education, free of charge" has not yet been secured for all, a comparable obligation "to work out and adopt a detailed plan of action for the progressive implementation" of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 "to take steps ... by all appropriate means ...".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 5
- Paragraph text
- A fourth objective of the reporting process is to facilitate public scrutiny of government policies with respect to economic, social and cultural rights and to encourage the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies. In examining reports submitted to it to date, the Committee has welcomed the fact that a number of States parties, reflecting different political and economic systems, have encouraged inputs by such non governmental groups into the preparation of their reports under the Covenant. Other States have ensured the widespread dissemination of their reports with a view to enabling comments to be made by the public at large. In these ways, the preparation of the report, and its consideration at the national level can come to be of at least as much value as the constructive dialogue conducted at the international level between the Committee and representatives of the reporting State.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 6
- Paragraph text
- A fifth objective is to provide a basis on which the State party itself, as well as the Committee, can effectively evaluate the extent to which progress has been made towards the realization of the obligations contained in the Covenant. For this purpose, it may be useful for States to identify specific benchmarks or goals against which their performance in a given area can be assessed. Thus, for example, it is generally agreed that it is important to set specific goals with respect to the reduction of infant mortality, the extent of vaccination of children, the intake of calories per person, the number of persons per health care provider, etc. In many of these areas, global benchmarks are of limited use, whereas national or other more specific benchmarks can provide an extremely valuable indication of progress.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Infants
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 7
- Paragraph text
- In this regard, the Committee wishes to note that the Covenant attaches particular importance to the concept of "progressive realization" of the relevant rights and, for that reason, the Committee urges States parties to include in their periodic reports information which shows the progress over time, with respect to the effective realization of the relevant rights. By the same token, it is clear that qualitative, as well as quantitative, data are required in order for an adequate assessment of the situation to be made.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Reporting by States Parties 1989, para. 9
- Paragraph text
- A seventh objective is to enable the Committee, and the States parties as a whole, to facilitate the exchange of information among States and to develop a better understanding of the common problems faced by States and a fuller appreciation of the type of measures which might be taken to promote effective realization of each of the rights contained in the Covenant. This part of the process also enables the Committee to identify the most appropriate means by which the international community might assist States, in accordance with articles 22 and 23 of the Covenant. In order to underline the importance which the Committee attaches to this objective, a separate general comment on those articles will be discussed by the Committee at its fourth session.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1989
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 1
- Paragraph text
- Article 22 of the Covenant establishes a mechanism by which the Economic and Social Council may bring to the attention of relevant United Nations bodies any matters arising out of reports submitted under the Covenant "which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the ... Covenant". While the primary responsibility under article 22 is vested in the Council, it is clearly appropriate for the Committee on Economic, Social and Cultural Rights to play an active role in advising and assisting the Council in this regard.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 2
- Paragraph text
- Recommendations in accordance with article 22 may be made to any "organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance". The Committee considers that this provision should be interpreted so as to include virtually all United Nations organs and agencies involved in any aspect of international development cooperation. It would therefore be appropriate for recommendations in accordance with article 22 to be addressed, inter alia, to the Secretary General, subsidiary organs of the Council such as the Commission on Human Rights, the Commission on Social Development and the Commission on the Status of Women, other bodies such as UNDP, UNICEF and CDP, agencies such as the World Bank and IMF, and any of the other specialized agencies such as ILO, FAO, UNESCO and WHO.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Women
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 3
- Paragraph text
- Article 22 could lead either to recommendations of a general policy nature or to more narrowly focused recommendations relating to a specific situation. In the former context, the principal role of the Committee would seem to be to encourage greater attention to efforts to promote economic, social and cultural rights within the framework of international development cooperation activities undertaken by, or with the assistance of, the United Nations and its agencies. In this regard the Committee notes that the Commission on Human Rights, in its resolution 1989/13 of 2 March 1989, invited it "to give consideration to means by which the various United Nations agencies working in the field of development could best integrate measures designed to promote full respect for economic, social and cultural rights in their activities".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 4
- Paragraph text
- As a preliminary practical matter, the Committee notes that its own endeavours would be assisted, and the relevant agencies would also be better informed, if they were to take a greater interest in the work of the Committee. While recognizing that such an interest can be demonstrated in a variety of ways, the Committee observes that attendance by representatives of the appropriate United Nations bodies at its first four sessions has, with the notable exceptions of ILO, UNESCO and WHO, been very low. Similarly, pertinent materials and written information had been received from only a very limited number of agencies. The Committee considers that a deeper understanding of the relevance of economic, social and cultural rights in the context of international development cooperation activities would be considerably facilitated through greater interaction between the Committee and the appropriate agencies. At the very least, the day of general discussion on a specific issue, which the Committee undertakes at each of its sessions, provides an ideal context in which a potentially productive exchange of views can be undertaken.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 5
- Paragraph text
- On the broader issues of the promotion of respect for human rights in the context of development activities, the Committee has so far seen only rather limited evidence of specific efforts by United Nations bodies. It notes with satisfaction in this regard the initiative taken jointly by the Centre for Human Rights and UNDP in writing to United Nations Resident Representatives and other field based officials, inviting their "suggestions and advice, in particular with respect to possible forms of cooperation in ongoing projects [identified] as having a human rights dimension or in new ones in response to a specific Government's request". The Committee has also been informed of long standing efforts undertaken by ILO to link its own human rights and other international labour standards to its technical cooperation activities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 6
- Paragraph text
- With respect to such activities, two general principles are important. The first is that the two sets of human rights are indivisible and interdependent. This means that efforts to promote one set of rights should also take full account of the other. United Nations agencies involved in the promotion of economic, social and cultural rights should do their utmost to ensure that their activities are fully consistent with the enjoyment of civil and political rights. In negative terms this means that the international agencies should scrupulously avoid involvement in projects which, for example, involve the use of forced labour in contravention of international standards, or promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large scale evictions or displacement of persons without the provision of all appropriate protection and compensation. In positive terms, it means that, wherever possible, the agencies should act as advocates of projects and approaches which contribute not only to economic growth or other broadly defined objectives, but also to enhanced enjoyment of the full range of human rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 7
- Paragraph text
- The second principle of general relevance is that development cooperation activities do not automatically contribute to the promotion of respect for economic, social and cultural rights. Many activities undertaken in the name of "development" have subsequently been recognized as ill conceived and even counterproductive in human rights terms. In order to reduce the incidence of such problems, the whole range of issues dealt with in the Covenant should, wherever possible and appropriate, be given specific and careful consideration.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 8a
- Paragraph text
- [Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies:] As a matter of principle, the appropriate United Nations organs and agencies should specifically recognize the intimate relationship which should be established between development activities and efforts to promote respect for human rights in general, and economic, social and cultural rights in particular. The Committee notes in this regard the failure of each of the first three United Nations Development Decade Strategies to recognize that relationship and urges that the fourth such strategy, to be adopted in 1990, should rectify that omission;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 8b
- Paragraph text
- [Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies:] Consideration should be given by United Nations agencies to the proposal, made by the Secretary General in a report of 1979 that a "human rights impact statement" be required to be prepared in connection with all major development cooperation activities;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 8c
- Paragraph text
- [Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies:] The training or briefing given to project and other personnel employed by United Nations agencies should include a component dealing with human rights standards and principles;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
International technical assistance measures 1990, para. 8d
- Paragraph text
- [Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies:] Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenants are duly taken into account. This would apply, for example, in the initial assessment of the priority needs of a particular country, in the identification of particular projects, in project design, in the implementation of the project, and in its final evaluation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 2
- Paragraph text
- The other is the undertaking in article 2 (1) "to take steps", which in itself, is not qualified or limited by other considerations. The full meaning of the phrase can also be gauged by noting some of the different language versions. In English the undertaking is "to take steps", in French it is "to act" ("s'engage à agir") and in Spanish it is "to adopt measures" ("a adoptar medidas"). Thus while the full realization of the relevant rights may be achieved progressively, steps towards that goal must be taken within a reasonably short time after the Covenant's entry into force for the States concerned. Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the obligations recognized in the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 3
- Paragraph text
- The means which should be used in order to satisfy the obligation to take steps are stated in article 2 (1) to be "all appropriate means, including particularly the adoption of legislative measures". The Committee recognizes that in many instances legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat discrimination effectively in the absence of a sound legislative foundation for the necessary measures. In fields such as health, the protection of children and mothers, and education, as well as in respect of the matters dealt with in articles 6 to 9, legislation may also be an indispensable element for many purposes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Infants
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 4
- Paragraph text
- The Committee notes that States parties have generally been conscientious in detailing at least some of the legislative measures that they have taken in this regard. It wishes to emphasize, however, that the adoption of legislative measures, as specifically foreseen by the Covenant, is by no means exhaustive of the obligations of States parties. Rather, the phrase "by all appropriate means" must be given its full and natural meaning. While each State party must decide for itself which means are the most appropriate under the circumstances with respect to each of the rights, the "appropriateness" of the means chosen will not always be self evident. It is therefore desirable that States parties' reports should indicate not only the measures that have been taken but also the basis on which they are considered to be the most "appropriate" under the circumstances. However, the ultimate determination as to whether all appropriate measures have been taken remains one for the Committee to make.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 6
- Paragraph text
- Where specific policies aimed directly at the realization of the rights recognized in the Covenant have been adopted in legislative form, the Committee would wish to be informed, inter alia, as to whether such laws create any right of action on behalf of individuals or groups who feel that their rights are not being fully realized. In cases where constitutional recognition has been accorded to specific economic, social and cultural rights, or where the provisions of the Covenant have been incorporated directly into national law, the Committee would wish to receive information as to the extent to which these rights are considered to be justiciable (i.e. able to be invoked before the courts). The Committee would also wish to receive specific information as to any instances in which existing constitutional provisions relating to economic, social and cultural rights have been weakened or significantly changed.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 9
- Paragraph text
- The principal obligation of result reflected in article 2 (1) is to take steps "with a view to achieving progressively the full realization of the rights recognized" in the Covenant. The term "progressive realization" is often used to describe the intent of this phrase. The concept of progressive realization constitutes a recognition of the fact that full realization of all economic, social and cultural rights will generally not be able to be achieved in a short period of time. In this sense the obligation differs significantly from that contained in article 2 of the International Covenant on Civil and Political Rights which embodies an immediate obligation to respect and ensure all of the relevant rights. Nevertheless, the fact that realization over time, or in other words progressively, is foreseen under the Covenant should not be misinterpreted as depriving the obligation of all meaningful content. It is on the one hand a necessary flexibility device, reflecting the realities of the real world and the difficulties involved for any country in ensuring full realization of economic, social and cultural rights. On the other hand, the phrase must be read in the light of the overall objective, indeed the raison d'être, of the Covenant which is to establish clear obligations for States parties in respect of the full realization of the rights in question. It thus imposes an obligation to move as expeditiously and effectively as possible towards that goal. Moreover, any deliberately retrogressive measures in that regard would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 11
- Paragraph text
- The Committee wishes to emphasize, however, that even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances. Moreover, the obligations to monitor the extent of the realization, or more especially of the non realization, of economic, social and cultural rights, and to devise strategies and programmes for their promotion, are not in any way eliminated as a result of resource constraints. The Committee has already dealt with these issues in its general comment No. 1 (1989).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 12
- Paragraph text
- Similarly, the Committee underlines the fact that even in times of severe resources constraints whether caused by a process of adjustment, of economic recession, or by other factors the vulnerable members of society can and indeed must be protected by the adoption of relatively low cost targeted programmes. In support of this approach the Committee takes note of the analysis prepared by UNICEF entitled "Adjustment with a human face: protecting the vulnerable and promoting growth, the analysis by UNDP in its Human Development Report 1990 and the analysis by the World Bank in the World Development Report 1990.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 13
- Paragraph text
- A final element of article 2 (1), to which attention must be drawn, is that the undertaking given by all States parties is "to take steps, individually and through international assistance and cooperation, especially economic and technical ...". The Committee notes that the phrase "to the maximum of its available resources" was intended by the drafters of the Covenant to refer to both the resources existing within a State and those available from the international community through international cooperation and assistance. Moreover, the essential role of such cooperation in facilitating the full realization of the relevant rights is further underlined by the specific provisions contained in articles 11, 15, 22 and 23. With respect to article 22 the Committee has already drawn attention, in general comment No. 2 (1990), to some of the opportunities and responsibilities that exist in relation to international cooperation. Article 23 also specifically identifies "the furnishing of technical assistance" as well as other activities, as being among the means of "international action for the achievement of the rights recognized ...".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The nature of States parties’ obligations 1990, para. 14
- Paragraph text
- The Committee wishes to emphasize that in accordance with Articles 55 and 56 of the Charter of the United Nations, with well established principles of international law, and with the provisions of the Covenant itself, international cooperation for development and thus for the realization of economic, social and cultural rights is an obligation of all States. It is particularly incumbent upon those States which are in a position to assist others in this regard. The Committee notes in particular the importance of the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986 and the need for States parties to take full account of all of the principles recognized therein. It emphasizes that, in the absence of an active programme of international assistance and cooperation on the part of all those States that are in a position to undertake one, the full realization of economic, social and cultural rights will remain an unfulfilled aspiration in many countries. In this respect, the Committee also recalls the terms of its general comment No. 2 (1990).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 2
- Paragraph text
- The Committee has been able to accumulate a large amount of information pertaining to this right. Since 1979, the Committee and its predecessors have examined 75 reports dealing with the right to adequate housing. The Committee has also devoted a day of general discussion to the issue at each of its third (see E/1989/22, para. 312) and fourth sessions (E/1990/23, paras. 281 285). In addition, the Committee has taken careful note of information generated by the International Year of Shelter for the Homeless (1987) including the Global Strategy for Shelter to the Year 2000 adopted by the General Assembly in its resolution 42/191 of 11 December 1987. The Committee has also reviewed relevant reports and other documentation of the Commission on Human Rights and the Sub Commission on Prevention of Discrimination and Protection of Minorities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 4
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate housing, there remains a disturbingly large gap between the standards set in article 11 (1) of the Covenant and the situation prevailing in many parts of the world. While the problems are often particularly acute in some developing countries which confront major resource and other constraints, the Committee observes that significant problems of homelessness and inadequate housing also exist in some of the most economically developed societies. The United Nations estimates that there are over 100 million persons homeless worldwide and over 1 billion inadequately housed. There is no indication that this number is decreasing. It seems clear that no State party is free of significant problems of one kind or another in relation to the right to housing.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 6
- Paragraph text
- The right to adequate housing applies to everyone. While the reference to "himself and his family" reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female headed households or other such groups. Thus, the concept of "family" must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 8b
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 8e
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups as the elderly, children, the physically disabled, the terminally ill, HIV positive individuals, persons with persistent medical problems, the mentally ill, victims of natural disasters, people living in disaster prone areas and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups. Within many States parties increasing access to land by landless or impoverished segments of the society should constitute a central policy goal. Discernible governmental obligations need to be developed aiming to substantiate the right of all to a secure place to live in peace and dignity, including access to land as an entitlement;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Older persons
- Persons with disabilities
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 8f
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Location. Adequate housing must be in a location which allows access to employment options, health care services, schools, childcare centres and other social facilities. This is true both in large cities and in rural areas where the temporal and financial costs of getting to and from the place of work can place excessive demands upon the budgets of poor households. Similarly, housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- Children
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 8g
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 9
- Paragraph text
- As noted above, the right to adequate housing cannot be viewed in isolation from other human rights contained in the two International Covenants and other applicable international instruments. Reference has already been made in this regard to the concept of human dignity and the principle of non discrimination. In addition, the full enjoyment of other rights such as the right to freedom of expression, the right to freedom of association (such as for tenants and other community based groups), the right to freedom of residence and the right to participate in public decision making is indispensable if the right to adequate housing is to be realized and maintained by all groups in society. Similarly, the right not to be subjected to arbitrary or unlawful interference with one's privacy, family, home or correspondence constitutes a very important dimension in defining the right to adequate housing.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 10
- Paragraph text
- Regardless of the state of development of any country, there are certain steps which must be taken immediately. As recognized in the Global Strategy for Shelter and in other international analyses, many of the measures required to promote the right to housing would only require the abstention by the Government from certain practices and a commitment to facilitating "self help" by affected groups. To the extent that any such steps are considered to be beyond the maximum resources available to a State party, it is appropriate that a request be made as soon as possible for international cooperation in accordance with articles 11 (1), 22 and 23 of the Covenant, and that the Committee be informed thereof.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 11
- Paragraph text
- States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. The Committee is aware that external factors can affect the right to a continuous improvement of living conditions, and that in many States parties overall living conditions declined during the 1980s. However, as noted by the Committee in its general comment No. 2 (1990) (E/1990/23, annex III), despite externally caused problems, the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations under the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 13
- Paragraph text
- Effective monitoring of the situation with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations under article 11 (1) it must demonstrate, inter alia, that it has taken whatever steps are necessary, either alone or on the basis of international cooperation, to ascertain the full extent of homelessness and inadequate housing within its jurisdiction. In this regard, the revised general guidelines regarding the form and contents of reports adopted by the Committee (E/C.12/1991/1) emphasize the need to "provide detailed information about those groups within ... society that are vulnerable and disadvantaged with regard to housing". They include, in particular, homeless persons and families, those inadequately housed and without ready access to basic amenities, those living in "illegal" settlements, those subject to forced evictions and low income groups.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 14
- Paragraph text
- Measures designed to satisfy a State party's obligations in respect of the right to adequate housing may reflect whatever mix of public and private sector measures considered appropriate. While in some States public financing of housing might most usefully be spent on direct construction of new housing, in most cases, experience has shown the inability of Governments to fully satisfy housing deficits with publicly built housing. The promotion by States parties of "enabling strategies", combined with a full commitment to obligations under the right to adequate housing, should thus be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 17
- Paragraph text
- The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate housing 1991, para. 19
- Paragraph text
- Finally, article 11 (1) concludes with the obligation of States parties to recognize "the essential importance of international cooperation based on free consent". Traditionally, less than 5 per cent of all international assistance has been directed towards housing or human settlements, and often the manner by which such funding is provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and providers, should ensure that a substantial proportion of financing is devoted to creating conditions leading to a higher number of persons being adequately housed. International financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing. States parties should, when contemplating international financial cooperation, seek to indicate areas relevant to the right to adequate housing where external financing would have the most effect. Such requests should take full account of the needs and views of the affected groups.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1991
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 1
- Paragraph text
- The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community. Thus a 1992 review by the Secretary General of the implementation of the World Programme of Action concerning Disabled Persons and the United Nations Decade of Disabled Persons concluded that "disability is closely linked to economic and social factors" and that "conditions of living in large parts of the world are so desperate that the provision of basic needs for all food, water, shelter, health protection and education must form the cornerstone of national programmes". Even in countries which have a relatively high standard of living, persons with disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights recognized in the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 2
- Paragraph text
- The Committee on Economic, Social and Cultural Rights, and the working group which preceded it, have been explicitly called upon by both the General Assembly and the Commission on Human Rights to monitor the compliance of States parties to the Covenant with their obligation to ensure the full enjoyment of the relevant rights by persons with disabilities. The Committee's experience to date, however, indicates that States parties have devoted very little attention to this issue in their reports. This appears to be consistent with the Secretary General's conclusion that "most Governments still lack decisive concerted measures that would effectively improve the situation" of persons with disabilities. It is therefore appropriate to review, and emphasize, some of the ways in which issues concerning persons with disabilities arise in connection with the obligations contained in the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 5
- Paragraph text
- The Covenant does not refer explicitly to persons with disabilities. Nevertheless, the Universal Declaration of Human Rights recognizes that all human beings are born free and equal in dignity and rights and, since the Covenant's provisions apply fully to all members of society, persons with disabilities are clearly entitled to the full range of rights recognized in the Covenant. In addition, insofar as special treatment is necessary, States parties are required to take appropriate measures, to the maximum extent of their available resources, to enable such persons to seek to overcome any disadvantages, in terms of the enjoyment of the rights specified in the Covenant, flowing from their disability. Moreover, the requirement contained in article 2 (2) of the Covenant that the rights "enunciated ... will be exercised without discrimination of any kind" based on certain specified grounds "or other status" clearly applies to discrimination on the grounds of disability.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Persons with Disabilities 1994, para. 6
- Paragraph text
- The absence of an explicit, disability related provision in the Covenant can be attributed to the lack of awareness of the importance of addressing this issue explicitly, rather than only by implication, at the time of the drafting of the Covenant over a quarter of a century ago. More recent international human rights instruments have, however, addressed the issue specifically. They include the Convention on the Rights of the Child (art. 23); the African Charter on Human and Peoples' Rights (art. 18 (4)); and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 18). Thus it is now very widely accepted that the human rights of persons with disabilities must be protected and promoted through general, as well as specially designed, laws, policies and programmes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 6
- Paragraph text
- Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Social & Cultural Rights
- Violence
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 8
- Paragraph text
- In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use "all appropriate means" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against "arbitrary or unlawful interference" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 10
- Paragraph text
- Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Ethnic minorities
- Women
- Youth
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 13
- Paragraph text
- States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders. States parties shall also see to it that all the individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2.3 of the International Covenant on Civil and Political Rights, which requires States parties to ensure "an effective remedy" for persons whose rights have been violated and the obligation upon the "competent authorities (to) enforce such remedies when granted".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 14
- Paragraph text
- In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall general comment No. 16 of the Human Rights Committee, relating to article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place "in cases envisaged by the law". The Committee observed that the law "should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances". The Committee also indicated that "relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 15
- Paragraph text
- Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 17
- Paragraph text
- The Committee is aware that various development projects financed by international agencies within the territories of State parties have resulted in forced evictions. In this regard, the Committee recalls its general comment No. 2 (1990) which states, inter alia, that "international agencies should scrupulously avoid involvement in projects which, for example ... promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large scale evictions or displacement of persons without the provision of all appropriate protection and compensation. Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenant are duly taken into account".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 18
- Paragraph text
- Some institutions, such as the World Bank and the Organisation for Economic Cooperation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale of and human suffering associated with forced evictions. Such practices often accompany large scale development projects, such as dam building and other major energy projects. Full respect for such guidelines, insofar as they reflect the obligations contained in the Covenant, is essential on the part of both the agencies themselves and States parties to the Covenant. The Committee recalls in this respect the statement in the Vienna Declaration and Programme of Action to the effect that "while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights" (Part I, para. 10).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Movement
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 19
- Paragraph text
- In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the "number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction", (b) "legislation concerning the rights of tenants to security of tenure, to protection from eviction" and (c) "legislation prohibiting any form of eviction".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Forced evictions 1997, para. 20
- Paragraph text
- Information is also sought as to "measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) 'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites". However, few States parties have included the requisite information in their reports to the Committee. The Committee therefore wishes to emphasize the importance it attaches to the receipt of such information.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 1
- Paragraph text
- Economic sanctions are being imposed with increasing frequency, both internationally, regionally and unilaterally. The purpose of this general comment is to emphasize that, whatever the circumstances, such sanctions should always take full account of the provisions of the International Covenant on Economic, Social and Cultural Rights. The Committee does not in any way call into question the necessity for the imposition of sanctions in appropriate cases in accordance with Chapter VII of the Charter of the United Nations or other applicable international law. But those provisions of the Charter that relate to human rights (Articles 1, 55 and 56) must still be considered to be fully applicable in such cases.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 2
- Paragraph text
- During the 1990s the Security Council has imposed sanctions of varying kind and duration in relation to South Africa, Iraq/Kuwait, parts of the former Yugoslavia, Somalia, the Libyan Arab Jamahiriya, Liberia, Haiti, Angola, Rwanda and the Sudan. The impact of sanctions upon the enjoyment of economic, social and cultural rights has been brought to the Committee's attention in a number of cases involving States parties to the Covenant, some of which have reported regularly, thereby giving the Committee the opportunity to examine the situation carefully.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 4
- Paragraph text
- In considering sanctions, it is essential to distinguish between the basic objective of applying political and economic pressure upon the governing élite of the country to persuade them to conform to international law, and the collateral infliction of suffering upon the most vulnerable groups within the targeted country. For that reason, the sanctions regimes established by the Security Council now include humanitarian exemptions designed to permit the flow of essential goods and services destined for humanitarian purposes. It is commonly assumed that these exemptions ensure basic respect for economic, social and cultural rights within the targeted country.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 5
- Paragraph text
- However, a number of recent United Nations and other studies which have analysed the impact of sanctions have concluded that these exemptions do not have this effect. Moreover, the exemptions are very limited in scope. They do not address, for example, the question of access to primary education, nor do they provide for repairs to infrastructures which are essential to provide clean water, adequate health care, etc. The Secretary-General suggested in 1995 that there was a need to assess the potential impact of sanctions before they are imposed and to enhance arrangements for the provision of humanitarian assistance to vulnerable groups. In the following year, a major study, prepared for the General Assembly by Ms. Graça Machel on the impact of armed conflict on children, stated that "humanitarian exemptions tend to be ambiguous and are interpreted arbitrarily and inconsistently.... Delays, confusion and the denial of requests to import essential humanitarian goods cause resource shortages.... [Their effects] inevitably fall most heavily on the poor". Most recently, an October 1997 United Nations report concluded that the review procedures established under the various sanctions committees established by the Security Council "remain cumbersome and aid agencies still encounter difficulties in obtaining approval for exempted supplies. ... [The] committees neglect larger problems of commercial and governmental violations in the form of black-marketing, illicit trade, and corruption."
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Humanitarian
- Personas afectadas
- Children
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 6
- Paragraph text
- It is thus clear, on the basis of an impressive array of both country-specific and general studies, that insufficient attention is being paid to the impact of sanctions on vulnerable groups. Nevertheless, for various reasons, these studies have not examined specifically the nefarious consequences that ensue for the enjoyment of economic, social and cultural rights, per se. It is in fact apparent that in most, if not all, cases, those consequences have either not been taken into account at all or not given the serious consideration they deserve. There is thus a need to inject a human rights dimension into deliberations on this issue.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 7
- Paragraph text
- The Committee considers that the provisions of the Covenant, virtually all of which are also reflected in a range of other human rights treaties as well as the Universal Declaration of Human Rights, cannot be considered to be inoperative, or in any way inapplicable, solely because a decision has been taken that considerations of international peace and security warrant the imposition of sanctions. Just as the international community insists that any targeted State must respect the civil and political rights of its citizens, so too must that State and the international community itself do everything possible to protect at least the core content of the economic, social and cultural rights of the affected peoples of that State (see also General Comment 3 (1990), paragraph 10).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 12
- Paragraph text
- First, these rights must be taken fully into account when designing an appropriate sanctions regime. Without endorsing any particular measures in this regard, the Committee notes proposals such as those calling for the creation of a United Nations mechanism for anticipating and tracking sanctions impacts, the elaboration of a more transparent set of agreed principles and procedures based on respect for human rights, the identification of a wider range of exempt goods and services, the authorization of agreed technical agencies to determine necessary exemptions, the creation of a better resourced set of sanctions committees, more precise targeting of the vulnerabilities of those whose behaviour the international community wishes to change, and the introduction of greater overall flexibility.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 13
- Paragraph text
- Second, effective monitoring, which is always required under the terms of the Covenant, should be undertaken throughout the period that sanctions are in force. When an external party takes upon itself even partial responsibility for the situation within a country (whether under Chapter VII of the Charter or otherwise), it also unavoidably assumes a responsibility to do all within its power to protect the economic, social and cultural rights of the affected population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 15
- Paragraph text
- In anticipating the objection that sanctions must, almost by definition, result in the grave violations of economic, social and cultural rights if they are to achieve their objectives, the Committee notes the conclusion of a major United Nations study to the effect that "decisions to reduce the suffering of children or minimize other adverse consequences can be taken without jeopardizing the policy aim of sanctions". This applies equally to the situation of all vulnerable groups.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 16
- Paragraph text
- In adopting this general comment the sole aim of the Committee is to draw attention to the fact that the inhabitants of a given country do not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders have violated norms relating to international peace and security. The aim is not to give support or encouragement to such leaders, nor is it to undermine the legitimate interests of the international community in enforcing respect for the provisions of the Charter of the United Nations and the general principles of international law. Rather, it is to insist that lawlessness of one kind should not be met by lawlessness of another kind which pays no heed to the fundamental rights that underlie and give legitimacy to any such collective action.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1997
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 1
- Paragraph text
- In its General Comment No. 3 (1990) the Committee addressed issues relating to the nature and scope of States parties' obligations. The present general comment seeks to elaborate further certain elements of the earlier statement. The central obligation in relation to the Covenant is for States parties to give effect to the rights recognized therein. By requiring Governments to do so "by all appropriate means", the Covenant adopts a broad and flexible approach which enables the particularities of the legal and administrative systems of each State, as well as other relevant considerations, to be taken into account.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 2
- Paragraph text
- But this flexibility coexists with the obligation upon each State party to use all the means at its disposal to give effect to the rights recognized in the Covenant. In this respect, the fundamental requirements of international human rights law must be borne in mind. Thus the Covenant norms must be recognized in appropriate ways within the domestic legal order, appropriate means of redress, or remedies, must be available to any aggrieved individual or group, and appropriate means of ensuring governmental accountability must be put in place.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 3
- Paragraph text
- Questions relating to the domestic application of the Covenant must be considered in the light of two principles of international law. The first, as reflected in article 27 of the Vienna Convention on the Law of Treaties of 1969, is that "[A] party may not invoke the provisions of its internal law as justification for its failure to perform a treaty". In other words, States should modify the domestic legal order as necessary in order to give effect to their treaty obligations. This issue is considered further by the Committee in its General Comment No. 12 (1998). The second principle is reflected in article 8 of the Universal Declaration of Human Rights, according to which "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law." The Covenant contains no direct counterpart to article 2.3 (b) of the International Covenant on Civil and Political Rights which obligates States parties to, inter alia, "develop the possibilities of judicial remedy". Nevertheless, a State party seeking to justify its failure to provide any domestic legal remedies for violations of economic, social and cultural rights would need to show either that such remedies are not "appropriate means" within the terms of article 2.1 of the Covenant or that, in view of the other means used, they are unnecessary. It will be difficult to show this and the Committee considers that, in many cases, the other "means" used could be rendered ineffective if they are not reinforced or complemented by judicial remedies.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 4
- Paragraph text
- In general, legally binding international human rights standards should operate directly and immediately within the domestic legal system of each State party, thereby enabling individuals to seek enforcement of their rights before national courts and tribunals. The rule requiring the exhaustion of domestic remedies reinforces the primacy of national remedies in this respect. The existence and further development of international procedures for the pursuit of individual claims is important, but such procedures are ultimately only supplementary to effective national remedies.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 5
- Paragraph text
- The Covenant does not stipulate the specific means by which it is to be implemented in the national legal order. And there is no provision obligating its comprehensive incorporation or requiring it to be accorded any specific type of status in national law. Although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party. The means chosen are also subject to review as part of the Committee's examination of the State party's compliance with its obligations under the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 6
- Paragraph text
- An analysis of State practice with respect to the Covenant shows that States have used a variety of approaches. Some States have failed to do anything specific at all. Of those that have taken measures, some States have transformed the Covenant into domestic law by supplementing or amending existing legislation, without invoking the specific terms of the Covenant. Others have adopted or incorporated it into domestic law, so that its terms are retained intact and given formal validity in the national legal order. This has often been done by means of constitutional provisions according priority to the provisions of international human rights treaties over any inconsistent domestic laws. The approach of States to the Covenant depends significantly upon the approach adopted to treaties in general in the domestic legal order.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 7
- Paragraph text
- But whatever the preferred methodology, several principles follow from the duty to give effect to the Covenant and must therefore be respected. First, the means of implementation chosen must be adequate to ensure fulfilment of the obligations under the Covenant. The need to ensure justiciability (see para. 10 below) is relevant when determining the best way to give domestic legal effect to the Covenant rights. Second, account should be taken of the means which have proved to be most effective in the country concerned in ensuring the protection of other human rights. Where the means used to give effect to the Covenant on Economic, Social and Cultural Rights differ significantly from those used in relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 9
- Paragraph text
- The right to an effective remedy need not be interpreted as always requiring a judicial remedy. Administrative remedies will, in many cases, be adequate and those living within the jurisdiction of a State party have a legitimate expectation, based on the principle of good faith, that all administrative authorities will take account of the requirements of the Covenant in their decision-making. Any such administrative remedies should be accessible, affordable, timely and effective. An ultimate right of judicial appeal from administrative procedures of this type would also often be appropriate. By the same token, there are some obligations, such as (but by no means limited to) those concerning non-discrimination, in relation to which the provision of some form of judicial remedy would seem indispensable in order to satisfy the requirements of the Covenant. In other words, whenever a Covenant right cannot be made fully effective without some role for the judiciary, judicial remedies are necessary.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 10
- Paragraph text
- In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to economic, social and cultural rights. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions. The Committee has already made clear that it considers many of the provisions in the Covenant to be capable of immediate implementation. Thus, in General Comment No. 3 it cited, by way of example, articles 3, 7 (a) (i), 8, 10.3, 13.2 (a), 13.3, 13.4 and 15.3. It is important in this regard to distinguish between justiciability (which refers to those matters which are appropriately resolved by the courts) and norms which are self-executing (capable of being applied by courts without further elaboration). While the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the great majority of systems, be considered to possess at least some significant justiciable dimensions. It is sometimes suggested that matters involving the allocation of resources should be left to the political authorities rather than the courts. While the respective competences of the various branches of government must be respected, it is appropriate to acknowledge that courts are generally already involved in a considerable range of matters which have important resource implications. The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent. It would also drastically curtail the capacity of the courts to protect the rights of the most vulnerable and disadvantaged groups in society.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 12
- Paragraph text
- In the Committee's guidelines for States' reports, States are requested to provide information as to whether the provisions of the Covenant "can be invoked before, and directly enforced by, the Courts, other tribunals or administrative authorities". Some States have provided such information, but greater importance should be attached to this element in future reports. In particular, the Committee requests that States parties provide details of any significant jurisprudence from their domestic courts that makes use of the provisions of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 13
- Paragraph text
- On the basis of available information, it is clear that State practice is mixed. The Committee notes that some courts have applied the provisions of the Covenant either directly or as interpretive standards. Other courts are willing to acknowledge, in principle, the relevance of the Covenant for interpreting domestic law, but in practice, the impact of the Covenant on the reasoning or outcome of cases is very limited. Still other courts have refused to give any degree of legal effect to the Covenant in cases in which individuals have sought to rely on it. There remains extensive scope for the courts in most countries to place greater reliance upon the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The domestic application of the Covenant 1998, para. 15
- Paragraph text
- It is generally accepted that domestic law should be interpreted as far as possible in a way which conforms to a State's international legal obligations. Thus, when a domestic decision maker is faced with a choice between an interpretation of domestic law that would place the state in breach of the Covenant and one that would enable the State to comply with the Covenant, international law requires the choice of the latter. Guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways which facilitate the full protection of economic, social and cultural rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 1
- Paragraph text
- Article 2 (1) of the Covenant obligates each State party "to take steps ... with a view to achieving progressively the full realization of the [Covenant] rights ... by all appropriate means". The Committee notes that one such means, through which important steps can be taken, is the work of national institutions for the promotion and protection of human rights. In recent years there has been a proliferation of these institutions and the trend has been strongly encouraged by the General Assembly and the Commission on Human Rights. The Office of the High Commissioner for Human Rights has established a major programme to assist and encourage States in relation to national institutions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 2
- Paragraph text
- These institutions range from national human rights commissions through Ombudsman offices, public interest or other human rights "advocates", to defenseurs du peuple and defensores del pueblo. In many cases, the institution has been established by the Government, enjoys an important degree of autonomy from the executive and the legislature, takes full account of international human rights standards which are applicable to the country concerned, and is mandated to perform various activities designed to promote and protect human rights. Such institutions have been established in States with widely differing legal cultures and regardless of their economic situation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3a
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] The promotion of educational and information programmes designed to enhance awareness and understanding of economic, social and cultural rights, both within the population at large and among particular groups such as the public service, the judiciary, the private sector and the labour movement;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3b
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] The scrutinizing of existing laws and administrative acts, as well as draft bills and other proposals, to ensure that they are consistent with the requirements of the International Covenant on Economic, Social and Cultural Rights;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3c
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Providing technical advice, or undertaking surveys in relation to economic, social and cultural rights, including at the request of the public authorities or other appropriate agencies;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3d
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] The identification of national level benchmarks against which the realization of Covenant obligations can be measured;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3e
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Conducting research and inquiries designed to ascertain the extent to which particular economic, social and cultural rights are being realized, either within the State as a whole or in areas or in relation to communities of particular vulnerability;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3f
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Monitoring compliance with specific rights recognized under the Covenant and providing reports thereon to the public authorities and civil society; and
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3g
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Examining complaints alleging infringements of applicable economic, social and cultural rights standards within the State.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1998
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 1
- Paragraph text
- Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 2
- Paragraph text
- The right to education, recognized in articles 13 and 14 of the Covenant, as well as in a variety of other international treaties, such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, is of vital importance. It has been variously classified as an economic right, a social right and a cultural right. It is all of these. It is also, in many ways, a civil right and a political right, since it is central to the full and effective realization of those rights as well. In this respect, the right to education epitomizes the indivisibility and interdependence of all human rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 3
- Paragraph text
- In line with its clear and unequivocal obligation under article 14, every State party is under a duty to present to the Committee a plan of action drawn up along the lines specified in paragraph 8 below. This obligation needs to be scrupulously observed in view of the fact that in developing countries, 130 million children of school age are currently estimated to be without access to primary education, of whom about two thirds are girls. 1 The Committee is fully aware that many diverse factors have made it difficult for States parties to fulfil their obligation to provide a plan of action. For example, the structural adjustment programmes that began in the 1970s, the debt crises that followed in the 1980s and the financial crises of the late 1990s, as well as other factors, have greatly exacerbated the extent to which the right to primary education is being denied. These difficulties, however, cannot relieve States parties of their obligation to adopt and submit a plan of action to the Committee, as provided for in article 14 of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Girls
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 4
- Paragraph text
- Plans of action prepared by States parties to the Covenant in accordance with article 14 are especially important as the work of the Committee has shown that the lack of educational opportunities for children often reinforces their subjection to various other human rights violations. For instance these children, who may live in abject poverty and not lead healthy lives, are particularly vulnerable to forced labour and other forms of exploitation. Moreover, there is a direct correlation between, for example, primary school enrolment levels for girls and major reductions in child marriages.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Personas afectadas
- Children
- Girls
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 6
- Paragraph text
- Compulsory. The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education. Similarly, the prohibition of gender discrimination in access to education, required also by articles 2 and 3 of the Covenant, is further underlined by this requirement. It should be emphasized, however, that the education offered must be adequate in quality, relevant to the child and must promote the realization of the child's other rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Gender
- Personas afectadas
- Children
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 7
- Paragraph text
- Free of charge. The nature of this requirement is unequivocal. The right is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians. Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization. They are also often highly regressive in effect. Their elimination is a matter which must be addressed by the required plan of action. Indirect costs, such as compulsory levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or the obligation to wear a relatively expensive school uniform, can also fall into the same category. Other indirect costs may be permissible, subject to the Committee's examination on a case-by-case basis. This provision of compulsory primary education in no way conflicts with the right recognized in article 13.3 of the Covenant for parents and guardians "to choose for their children schools other than those established by the public authorities".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 8
- Paragraph text
- Adoption of a detailed plan. The State party is required to adopt a plan of action within two years. This must be interpreted as meaning within two years of the Covenant's entry into force of the State concerned, or within two years of a subsequent change in circumstances which has led to the non-observance of the relevant obligation. This obligation is a continuing one and States parties to which the provision is relevant by virtue of the prevailing situation are not absolved from the obligation as a result of their past failure to act within the two-year limit. The plan must cover all of the actions which are necessary in order to secure each of the requisite component parts of the right and must be sufficiently detailed so as to ensure the comprehensive realization of the right. Participation of all sections of civil society in the drawing up of the plan is vital and some means of periodically reviewing progress and ensuring accountability are essential. Without those elements, the significance of the article would be undermined.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 9
- Paragraph text
- Obligations. A State party cannot escape the unequivocal obligation to adopt a plan of action on the grounds that the necessary resources are not available. If the obligation could be avoided in this way, there would be no justification for the unique requirement contained in article 14 which applies, almost by definition, to situations characterized by inadequate financial resources. By the same token, and for the same reason, the reference to "international assistance and cooperation" in article 2.1 and to "international action" in article 23 of the Covenant are of particular relevance in this situation. Where a State party is clearly lacking in the financial resources and/or expertise required to "work out and adopt" a detailed plan, the international community has a clear obligation to assist.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 10
- Paragraph text
- Progressive implementation. The plan of action must be aimed at securing the progressive implementation of the right to compulsory primary education, free of charge, under article 14. Unlike the provision in article 2.1, however, article 14 specifies that the target date must be "within a reasonable number of years" and moreover, that the timeframe must "be fixed in the plan". In other words, the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan. This underscores both the importance and the relative inflexibility of the obligation in question. Moreover, it needs to be stressed in this regard that the State party's other obligations, such as non-discrimination, are required to be implemented fully and immediately.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 11
- Paragraph text
- The Committee calls upon every State party to which article 14 is relevant to ensure that its terms are fully complied with and that the resulting plan of action is submitted to the Committee as an integral part of the reports required under the Covenant. Further, in appropriate cases, the Committee encourages States parties to seek the assistance of relevant international agencies, including the International Labour Organization (ILO), the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF), the International Monetary Fund (IMF) and the World Bank, in relation both to the preparation of plans of action under article 14 and their subsequent implementation. The Committee also calls upon the relevant international agencies to assist States parties to the greatest extent possible to meet their obligations on an urgent basis.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 20
- Paragraph text
- While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society individuals, families, local communities, nongovernmental organizations, civil society organizations, as well as the private business sector have responsibilities in the realization of the right to adequate food. The State should provide an environment that facilitates implementation of these responsibilities. The private business sector - national and transnational - should pursue its activities within the framework of a code of conduct conducive to respect of the right to adequate food, agreed upon jointly with the Government and civil society.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 21
- Paragraph text
- The most appropriate ways and means of implementing the right to adequate food will inevitably vary significantly from one State party to another. Every State will have a margin of discretion in choosing its own approaches, but the Covenant clearly requires that each State party take whatever steps are necessary to ensure that everyone is free from hunger and as soon as possible can enjoy the right to adequate food. This will require the adoption of a national strategy to ensure food and nutrition security for all, based on human rights principles that define the objectives, and the formulation of policies and corresponding benchmarks. It should also identify the resources available to meet the objectives and the most cost-effective way of using them.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 22
- Paragraph text
- The strategy should be based on a systematic identification of policy measures and activities relevant to the situation and context, as derived from the normative content of the right to adequate food and spelled out in relation to the levels and nature of State parties' obligations referred to in paragraph 15 of the present general comment. This will facilitate coordination between ministries and regional and local authorities and ensure that related policies and administrative decisions are in compliance with the obligations under article 11 of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 26
- Paragraph text
- The strategy should give particular attention to the need to prevent discrimination in access to food or resources for food. This should include: guarantees of full and equal access to economic resources, particularly for women, including the right to inheritance and the ownership of land and other property, credit, natural resources and appropriate technology; measures to respect and protect self-employment and work which provides a remuneration ensuring a decent living for wage earners and their families (as stipulated in article 7 (a) (ii) of the Covenant); maintaining registries on rights in land (including forests).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Personas afectadas
- Families
- Women
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 29
- Paragraph text
- In implementing the country-specific strategies referred to above, States should set verifiable benchmarks for subsequent national and international monitoring. In this connection, States should consider the adoption of a framework law as a major instrument in the implementation of the national strategy concerning the right to food. The framework law should include provisions on its purpose; the targets or goals to be achieved and the timeframe to be set for the achievement of those targets; the means by which the purpose could be achieved described in broad terms, in particular the intended collaboration with civil society and the private sector and with international organizations; institutional responsibility for the process; and the national mechanisms for its monitoring, as well as possible recourse procedures. In developing the benchmarks and framework legislation, States parties should actively involve civil society organizations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 30
- Paragraph text
- Appropriate United Nations programmes and agencies should assist, upon request, in drafting the framework legislation and in reviewing the sectoral legislation. FAO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of food and agriculture. The United Nations Children's Fund (UNICEF) has equivalent expertise concerning legislation with regard to the right to adequate food for infants and young children through maternal and child protection including legislation to enable breastfeeding, and with regard to the regulation of marketing of breast milk substitutes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Infants
- Youth
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 34
- Paragraph text
- Judges and other members of the legal profession are invited to pay greater attention to violations of the right to food in the exercise of their functions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 36
- Paragraph text
- In the spirit of article 56 of the Charter of the United Nations, the specific provisions contained in articles 11, 2.1, and 23 of the Covenant and the Rome Declaration of the World Food Summit, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to adequate food. In implementing this commitment, States parties should take steps to respect the enjoyment of the right to food in other countries, to protect that right, to facilitate access to food and to provide the necessary aid when required. States parties should, in international agreements whenever relevant, ensure that the right to adequate food is given due attention and consider the development of further international legal instruments to that end.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 38
- Paragraph text
- States have a joint and individual responsibility, in accordance with the Charter of the United Nations, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task in accordance with its ability. The role of the World Food Programme (WFP) and the Office of the United Nations High Commissioner for Refugees (UNHCR), and increasingly that of UNICEF and FAO is of particular importance in this respect and should be strengthened. Priority in food aid should be given to the most vulnerable populations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Persons on the move
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 40
- Paragraph text
- The role of the United Nations agencies, including through the United Nations Development Assistance Framework (UNDAF) at the country level, in promoting the realization of the right to food is of special importance. Coordinated efforts for the realization of the right to food should be maintained to enhance coherence and interaction among all the actors concerned, including the various components of civil society. The food organizations, FAO, WFP and the International Fund for Agricultural Development (IFAD) in conjunction with the United Nations Development Programme (UNDP), UNICEF, the World Bank and the regional development banks, should cooperate more effectively, building on their respective expertise, on the implementation of the right to food at the national level, with due respect to their individual mandates.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 1
- Paragraph text
- The human right to adequate food is recognized in several instruments under international law. The International Covenant on Economic, Social and Cultural Rights deals more comprehensively than any other instrument with this right. Pursuant to article 11.1 of the Covenant, States parties recognize "the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions", while pursuant to article 11.2 they recognize that more immediate and urgent steps may be needed to ensure "the fundamental right to freedom from hunger and malnutrition". The human right to adequate food is of crucial importance for the enjoyment of all rights. It applies to everyone; thus the reference in Article 11.1 to "himself and his family" does not imply any limitation upon the applicability of this right to individuals or to female-headed households.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 2
- Paragraph text
- The Committee has accumulated significant information pertaining to the right to adequate food through examination of State parties' reports over the years since 1979. The Committee has noted that while reporting guidelines are available relating to the right to adequate food, only few States parties have provided information sufficient and precise enough to enable the Committee to determine the prevailing situation in the countries concerned with respect to this right and to identify the obstacles to its realization. This General Comment aims to identify some of the principal issues which the Committee considers to be important in relation to the right to adequate food. Its preparation was triggered by the request of Member States during the 1996 World Food Summit, for a better definition of the rights relating to food in article 11 of the Covenant, and by a special request to the Committee to give particular attention to the Summit Plan of Action in monitoring the implementation of the specific measures provided for in article 11 of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 3
- Paragraph text
- In response to these requests, the Committee reviewed the relevant reports and documentation of the Commission on Human Rights and of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the right to adequate food as a human right; devoted a day of general discussion to this issue at its seventh session in 1997, taking into consideration the draft international code of conduct on the human right to adequate food prepared by international nongovernmental organizations; participated in two expert consultations on the right to adequate food as a human right organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR), in Geneva in December 1997, and in Rome in November 1998 co-hosted by the Food and Agriculture Organization of the United Nations (FAO), and noted their final reports. In April 1999 the Committee participated in a symposium on "The substance and politics of a human rights approach to food and nutrition policies and programmes", organized by the Administrative Committee on Co-ordination/Sub-Committee on Nutrition of the United Nations at its twenty-sixth session in Geneva and hosted by OHCHR.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 5
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 6
- Paragraph text
- The right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. The right to adequate food shall therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients. The right to adequate food will have to be realized progressively. However, States have a core obligation to take the necessary action to mitigate and alleviate hunger as provided for in paragraph 2 of article 11, even in times of natural or other disasters.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Health
- Personas afectadas
- Children
- Women
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 7
- Paragraph text
- The concept of adequacy is particularly significant in relation to the right to food since it serves to underline a number of factors which must be taken into account in determining whether particular foods or diets that are accessible can be considered the most appropriate under given circumstances for the purposes of article 11 of the Covenant. The notion of sustainability is intrinsically linked to the notion of adequate food or food security, implying food being accessible for both present and future generations. The precise meaning of "adequacy" is to a large extent determined by prevailing social, economic, cultural, climatic, ecological and other conditions, while "sustainability" incorporates the notion of long-term availability and accessibility.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Food & Nutrition
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 9
- Paragraph text
- Dietary needs implies that the diet as a whole contains a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation. Measures may therefore need to be taken to maintain, adapt or strengthen dietary diversity and appropriate consumption and feeding patterns, including breast-feeding, while ensuring that changes in availability and access to food supply as a minimum do not negatively affect dietary composition and intake.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Health
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 14
- Paragraph text
- The nature of the legal obligations of States parties are set out in article 2 of the Covenant and has been dealt with in the Committee's General Comment No. 3 (1990). The principal obligation is to take steps to achieve progressively the full realization of the right to adequate food. This imposes an obligation to move as expeditiously as possible towards that goal. Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 15
- Paragraph text
- The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. 1 The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must proactively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to adequate food (Art. 11) 1999, para. 19
- Paragraph text
- Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include: the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to food; denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is proactive; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to the right to food; and failure to regulate activities of individuals or groups so as to prevent them from violating the right to food of others, or the failure of a State to take into account its international legal obligations regarding the right to food when entering into agreements with other States or with international organizations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 1
- Paragraph text
- Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Personas afectadas
- Children
- Women
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 2
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary education); General Comment 11 and the present general comment are complementary and should be considered together. The Committee is aware that for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Committee is also conscious of the formidable structural and other obstacles impeding the full implementation of article 13 in many States parties.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 3
- Paragraph text
- With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of article 13 (Part I, paras. 4 42), some of the obligations arising from it (Part II, paras. 43 57), and some illustrative violations (Part II, paras. 58 59). Part III briefly remarks upon the obligations of actors other than States parties. The general comment is based upon the Committee's experience in examining States parties, reports over many years.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 4
- Paragraph text
- States parties agree that all education, whether public or private, formal or non formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality's "sense of dignity", it shall "enable all persons to participate effectively in a free society", and it shall promote understanding among all "ethnic" groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that "education shall be directed to the full development of the human personality".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 6a
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Availability - functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 6b (i)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 6b (ii)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Physical accessibility education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a "distance learning" programme);
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 6b (iii)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available "free to all", States parties are required to progressively introduce free secondary and higher education;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 6c
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4));
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 9
- Paragraph text
- [The right to primary education] The Committee obtains guidance on the proper interpretation of the term "primary education" from the World Declaration on Education for All which states: "The main delivery system for the basic education of children outside the family is primary schooling. Primary education must be universal, ensure that the basic learning needs of all children are satisfied, and take into account the culture, needs and opportunities of the community" (art. 5). "[B]asic learning needs" are defined in article 1 of the World Declaration. While primary education is not synonymous with basic education, there is a close correspondence between the two. In this regard, the Committee endorses the position taken by UNICEF: "Primary education is the most important component of basic education."
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 12
- Paragraph text
- [The right to secondary education] While the content of secondary education will vary among States parties and over time, it includes completion of basic education and consolidation of the foundations for life-long learning and human development. It prepares students for vocational and higher educational opportunities. Article 13 (2) (b) applies to secondary education "in its different forms", thereby recognizing that secondary education demands flexible curricula and varied delivery systems to respond to the needs of students in different social and cultural settings. The Committee encourages "alternative" educational programmes which parallel regular secondary school systems.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 13
- Paragraph text
- [The right to secondary education] According to article 13 (2) (b), secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education". The phrase "generally available" signifies, firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee's interpretation of "accessible", see paragraph 6 above. The phrase "every appropriate means" reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 15
- Paragraph text
- Technical and vocational education (TVE) forms part of both the right to education and the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a wider role, helping "to achieve steady economic, social and cultural development and full and productive employment". Also, the Universal Declaration of Human Rights states that [t]echnical and professional education shall be made generally available (art. 26 (1)). Accordingly, the Committee takes the view that TVE forms an integral element of all levels of education.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 16a
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability and enhances the productivity of their families and communities, including the State party's economic and social development;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 16b
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It takes account of the educational, cultural and social background of the population concerned; the skills, knowledge and levels of qualification needed in the various sectors of the economy; and occupational health, safety and welfare;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Health
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 16c
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] Provides retraining for adults whose current knowledge and skills have become obsolete owing to technological, economic, employment, social or other changes;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 16d
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It consists of programmes which give students, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 16e
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It consists, in the context of the Covenant's non discrimination and equality provisions, of programmes which promote the TVE of women, girls, out of school youth, unemployed youth, the children of migrant workers, refugees, persons with disabilities and other disadvantaged groups.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Girls
- Persons on the move
- Women
- Youth
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 18
- Paragraph text
- [The right to higher education] While article 13 (2) (c) is formulated on the same lines as article 13 (2) (b), there are three differences between the two provisions. Article 13 (2) (c) does not include a reference to either education "in its different forms" or specifically to TVE. In the Committee's opinion, these two omissions reflect only a difference of emphasis between article 13 (2) (b) and (c). If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery systems, such as distance learning; in practice, therefore, both secondary and higher education have to be available "in different forms". As for the lack of reference in article 13 (2) (c) to technical and vocational education, given article 6 (2) of the Covenant and article 26 (1) of the Universal Declaration, TVE forms an integral component of all levels of education, including higher education.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 19
- Paragraph text
- [The right to higher education] The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education "shall be made generally available and accessible to all", higher education "shall be made equally accessible to all, on the basis of capacity". According to article 13 (2) (c), higher education is not to be "generally available", but only available "on the basis of capacity". The "capacity" of individuals should be assessed by reference to all their relevant expertise and experience.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 27
- Paragraph text
- While the Covenant requires that "the material conditions of teaching staff shall be continuously improved", in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full realization of students' right to education. The Committee also notes the relationship between articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties to report on measures they are taking to ensure that all teaching staff enjoy the conditions and status commensurate with their role.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 28
- Paragraph text
- Article 13 (3) has two elements, one of which is that States parties undertake to respect the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions. The Committee is of the view that this element of article 13 (3) permits public school instruction in subjects such as the general history of religions and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion, conscience and expression. It notes that public education that includes instruction in a particular religion or belief is inconsistent with article 13 (3) unless provision is made for non discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 29
- Paragraph text
- [The right to educational freedom] The second element of article 13 (3) is the liberty of parents and guardians to choose other than public schools for their children, provided the schools conform to "such minimum educational standards as may be laid down or approved by the State". This has to be read with the complementary provision, article 13 (4), which affirms "the liberty of individuals and bodies to establish and direct educational institutions", provided the institutions conform to the educational objectives set out in article 13 (1) and certain minimum standards. These minimum standards may relate to issues such as admission, curricula and the recognition of certificates. In their turn, these standards must be consistent with the educational objectives set out in article 13 (1).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 30
- Paragraph text
- [The right to educational freedom] Under article 13 (4), everyone, including non nationals, has the liberty to establish and direct educational institutions. The liberty also extends to "bodies", i.e. legal persons or entities. It includes the right to establish and direct all types of educational institutions, including nurseries, universities and institutions for adult education. Given the principles of non discrimination, equal opportunity and effective participation in society for all, the State has an obligation to ensure that the liberty set out in article 13 (4) does not lead to extreme disparities of educational opportunity for some groups in society.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 31
- Paragraph text
- The prohibition against discrimination enshrined in article 2 (2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination. The Committee interprets articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in Education, the relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and wishes to draw particular attention to the following issues.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 38
- Paragraph text
- In the light of its examination of numerous States parties' reports, the Committee has formed the view that the right to education can only be enjoyed if accompanied by the academic freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in article 13, it is appropriate and necessary for the Committee to make some observations about academic freedom. The following remarks give particular attention to institutions of higher education because, in the Committee's experience, staff and students in higher education are especially vulnerable to political and other pressures which undermine academic freedom. The Committee wishes to emphasize, however, that staff and students throughout the education sector are entitled to academic freedom and many of the following observations have general application.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 39
- Paragraph text
- Members of the academic community, individually or collectively, are free to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation or writing. Academic freedom includes the liberty of individuals to express freely opinions about the institution or system in which they work, to fulfil their functions without discrimination or fear of repression by the State or any other actor, to participate in professsional or representative academic bodies, and to enjoy all the internationally recognized human rights applicable to other individuals in the same jurisdiction. The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 40
- Paragraph text
- The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self governance necessary for effective decision making by institutions of higher education in relation to their academic work, standards, management and related activities. Self governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 41
- Paragraph text
- In the Committee's view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce "positive", non violent approaches to school discipline.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 43
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to education, such as the "guarantee" that the right "will be exercised without discrimination of any kind" (art.2 (2)) and the obligation "to take steps" (art. 2 (1)) towards the full realization of article 13. Such steps must be "deliberate, concrete and targeted" towards the full realization of the right to education.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 45
- Paragraph text
- There is a strong presumption of impermissibility of any retrogressive measures taken in relation to the right to education, as well as other rights enunciated in the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the State party's maximum available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 47
- Paragraph text
- The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 48
- Paragraph text
- In this respect, two features of article 13 require emphasis. First, it is clear that article 13 regards States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the "development of a system of schools at all levels shall be actively pursued" (art. 13 (2) (e)). Secondly, given the differential wording of article 13 (2) in relation to primary, secondary, higher and fundamental education, the parameters of a State party's obligation to fulfil (provide) are not the same for all levels of education. Accordingly, in light of the text of the Covenant, States parties have an enhanced obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is not uniform for all levels of education. The Committee observes that this interpretation of the obligation to fulfil (provide) in relation to article 13 coincides with the law and practice of numerous States parties.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 50
- Paragraph text
- In relation to article 13 (2), States have obligations to respect, protect and fulfil each of the "essential features" (availability, accessibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of education by not closing private schools; protect the accessibility of education by ensuring that third parties, including parents and employers, do not stop girls from going to school; fulfil (facilitate) the acceptability of education by taking positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of education by designing and providing resources for curricula which reflect the contemporary needs of students in a changing world; and fulfil (provide) the availability of education by actively developing a system of schools, including building classrooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Ethnic minorities
- Families
- Girls
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 52
- Paragraph text
- In relation to article 13 (2) (b) (d), a State party has an immediate obligation "to take steps" (art. 2 (1)) towards the realization of secondary, higher and fundamental education for all those within its jurisdiction. At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental education in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 54
- Paragraph text
- States parties are obliged to establish "minimum educational standards" to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 56
- Paragraph text
- In its General Comment 3, the Committee drew attention to the obligation of all States parties to take steps, "individually and through international assistance and cooperation, especially economic and technical", towards the full realization of the rights recognized in the Covenant, such as the right to education. Articles 2 (1) and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realization of the right to education. In relation to the negotiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to education. Similarly, States parties have an obligation to ensure that their actions as members of international organizations, including international financial institutions, take due account of the right to education.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 57
- Paragraph text
- In its General Comment 3, the Committee confirmed that States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the rights enunciated in the Covenant, including "the most basic forms of education". In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with "minimum educational standards" (art. 13 (3) and (4)).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to education (Art. 13) 1999, para. 59
- Paragraph text
- By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take "deliberate, concrete and targeted" measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b) (d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the "minimum educational standards" required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non conformity with article 4.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 1999
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 55
- Paragraph text
- The national health strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to health. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to health in pursuing their activities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 56
- Paragraph text
- States should consider adopting a framework law to operationalize their right to health national strategy. The framework law should establish national mechanisms for monitoring the implementation of national health strategies and plans of action. It should include provisions on the targets to be achieved and the time-frame for their achievement; the means by which right to health benchmarks could be achieved; the intended collaboration with civil society, including health experts, the private sector and international organizations; institutional responsibility for the implementation of the right to health national strategy and plan of action; and possible recourse procedures. In monitoring progress towards the realization of the right to health, States parties should identify the factors and difficulties affecting implementation of their obligations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 57
- Paragraph text
- National health strategies should identify appropriate right to health indicators and benchmarks. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under article 12. States may obtain guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United Nations Children's Fund (UNICEF) in this field. Right to health indicators require disaggregation on the prohibited grounds of discrimination.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 58
- Paragraph text
- Having identified appropriate right to health indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of article 12. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 59
- Paragraph text
- Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, consumer forums, patients' rights associations or similar institutions should address violations of the right to health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 63
- Paragraph text
- The role of the United Nations agencies and programmes, and in particular the key function assigned to WHO in realizing the right to health at the international, regional and country levels, is of particular importance, as is the function of UNICEF in relation to the right to health of children. When formulating and implementing their right to health national strategies, States parties should avail themselves of technical assistance and cooperation of WHO. Further, when preparing their reports, States parties should utilize the extensive information and advisory services of WHO with regard to data collection, disaggregation, and the development of right to health indicators and benchmarks.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 64
- Paragraph text
- Moreover, coordinated efforts for the realization of the right to health should be maintained to enhance the interaction among all the actors concerned, including the various components of civil society. In conformity with articles 22 and 23 of the Covenant, WHO, The International Labour Organization, the United Nations Development Programme, UNICEF, the United Nations Population Fund, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to health at the national level, with due respect to their individual mandates. In particular, the international financial institutions, notably the World Bank and the International Monetary Fund, should pay greater attention to the protection of the right to health in their lending policies, credit agreements and structural adjustment programmes. When examining the reports of States parties and their ability to meet the obligations under article 12, the Committee will consider the effects of the assistance provided by all other actors. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to health. In the course of its examination of States parties' reports, the Committee will also consider the role of health professional associations and other non governmental organizations in relation to the States' obligations under article 12.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 65
- Paragraph text
- The role of WHO, the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross/Red Crescent and UNICEF, as well as non-governmental organizations and national medical associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including assistance to refugees and internally displaced persons. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- Persons on the move
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 1
- Paragraph text
- Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity. The realization of the right to health may be pursued through numerous, complementary approaches, such as the formulation of health policies, or the implementation of health programmes developed by the World Health Organization (WHO), or the adoption of specific legal instruments. Moreover, the right to health includes certain components which are legally enforceable.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 2
- Paragraph text
- The human right to health is recognized in numerous international instruments. Article 25.1 of the Universal Declaration of Human Rights affirms: "Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services". The International Covenant on Economic, Social and Cultural Rights provides the most comprehensive article on the right to health in international human rights law. In accordance with article 12.1 of the Covenant, States parties recognize "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health", while article 12.2 enumerates, by way of illustration, a number of "steps to be taken by the States parties ... to achieve the full realization of this right". Additionally, the right to health is recognized, inter alia, in article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, in articles 11.1 (f) and 12 of the Convention on the Elimination of All Forms of Discrimination against Women of 1979 and in article 24 of the Convention on the Rights of the Child of 1989. Several regional human rights instruments also recognize the right to health, such as the European Social Charter of 1961 as revised (art. 11), the African Charter on Human and Peoples' Rights of 1981 (art. 16) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights of 1988 (art. 10). Similarly, the right to health has been proclaimed by the Commission on Human Rights, as well as in the Vienna Declaration and Programme of Action of 1993 and other international instruments.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 4
- Paragraph text
- In drafting article 12 of the Covenant, the Third Committee of the United Nations General Assembly did not adopt the definition of health contained in the preamble to the Constitution of WHO, which conceptualizes health as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". However, the reference in article 12.1 of the Covenant to "the highest attainable standard of physical and mental health" is not confined to the right to health care. On the contrary, the drafting history and the express wording of article 12.2 acknowledge that the right to health embraces a wide range of socio economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as food and nutrition, housing, access to safe and potable water and adequate sanitation, safe and healthy working conditions, and a healthy environment.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 6
- Paragraph text
- With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses on the normative content of article 12 (Part I), States parties' obligations (Part II), violations (Part III) and implementation at the national level (Part IV), while the obligations of actors other than States parties are addressed in Part V. The General Comment is based on the Committee's experience in examining States parties' reports over many years.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 8
- Paragraph text
- The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one's health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 9
- Paragraph text
- The notion of "the highest attainable standard of health" in article 12.1 takes into account both the individual's biological and socio-economic preconditions and a State's available resources. There are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection against every possible cause of human ill health. Thus, genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual's health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 10
- Paragraph text
- Since the adoption of the two International Covenants in 1966 the world health situation has changed dramatically and the notion of health has undergone substantial changes and has also widened in scope. More determinants of health are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially-related concerns as violence and armed conflict. Moreover, formerly unknown diseases, such as Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS), and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realization of the right to health which need to be taken into account when interpreting article 12.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 11
- Paragraph text
- The Committee interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health related decision-making at the community, national and international levels.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12a
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Availability. Functioning public health and health-care facilities, goods and services, as well as programmes, have to be available in sufficient quantity within the State party. The precise nature of the facilities, goods and services will vary depending on numerous factors, including the State party's developmental level. They will include, however, the underlying determinants of health, such as safe and potable drinking water and adequate sanitation facilities, hospitals, clinics and other health-related buildings, trained medical and professional personnel receiving domestically competitive salaries, and essential drugs, as defined by the WHO Action Programme on Essential Drugs.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (i)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Non-discrimination: health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (ii)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Physical accessibility: health facilities, goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups, such as ethnic minorities and indigenous populations, women, children, adolescents, older persons, persons with disabilities and persons with HIV/AIDS. Accessibility also implies that medical services and underlying determinants of health, such as safe and potable water and adequate sanitation facilities, are within safe physical reach, including in rural areas. Accessibility further includes adequate access to buildings for persons with disabilities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (iii)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Economic accessibility (affordability): health facilities, goods and services must be affordable for all. Payment for health-care services, as well as services related to the underlying determinants of health, has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with health expenses as compared to richer households.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (iv)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Information accessibility: accessibility includes the right to seek, receive and impart information and ideas concerning health issues. However, accessibility of information should not impair the right to have personal health data treated with confidentiality.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12c
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Acceptability. All health facilities, goods and services must be respectful of medical ethics and culturally appropriate, i.e. respectful of the culture of individuals, minorities, peoples and communities, sensitive to gender and life-cycle requirements, as well as being designed to respect confidentiality and improve the health status of those concerned.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Ethnic minorities
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 12d
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Quality. As well as being culturally acceptable, health facilities, goods and services must also be scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 15
- Paragraph text
- The improvement of all aspects of environmental and industrial hygiene (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population's exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health. Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment. Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 16
- Paragraph text
- The prevention, treatment and control of epidemic, endemic, occupational and other diseases (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States' individual and joint efforts to, inter alia, make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 17
- Paragraph text
- The creation of conditions which would assure to all medical service and medical attention in the event of sickness (art. 12.2 (d)), both physical and mental, includes the provision of equal and timely access to basic preventive, curative, rehabilitative health services and health education; regular screening programmes; appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at community level; the provision of essential drugs; and appropriate mental health treatment and care. A further important aspect is the improvement and furtherance of participation of the population in the provision of preventive and curative health services, such as the organization of the health sector, the insurance system and, in particular, participation in political decisions relating to the right to health taken at both the community and national levels.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 19
- Paragraph text
- With respect to the right to health, equality of access to health care and health services has to be emphasized. States have a special obligation to provide those who do not have sufficient means with the necessary health insurance and health-care facilities, and to prevent any discrimination on internationally prohibited grounds in the provision of health care and health services, especially with respect to the core obligations of the right to health. Inappropriate health resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive curative health services which are often accessible only to a small, privileged fraction of the population, rather than primary and preventive health care benefiting a far larger part of the population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 21
- Paragraph text
- To eliminate discrimination against women, there is a need to develop and implement a comprehensive national strategy for promoting women's right to health throughout their life span. Such a strategy should include interventions aimed at the prevention and treatment of diseases affecting women, as well as policies to provide access to a full range of high quality and affordable health care, including sexual and reproductive services. A major goal should be reducing women's health risks, particularly lowering rates of maternal mortality and protecting women from domestic violence. The realization of women's right to health requires the removal of all barriers interfering with access to health services, education and information, including in the area of sexual and reproductive health. It is also important to undertake preventive, promotive and remedial action to shield women from the impact of harmful traditional cultural practices and norms that deny them their full reproductive rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Women
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 23
- Paragraph text
- States parties should provide a safe and supportive environment for adolescents, that ensures the opportunity to participate in decisions affecting their health, to build life-skills, to acquire appropriate information, to receive counselling and to negotiate the health-behaviour choices they make. The realization of the right to health of adolescents is dependent on the development of youth-friendly health care, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Youth
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 25
- Paragraph text
- With regard to the realization of the right to health of older persons, the Committee, in accordance with paragraphs 34 and 35 of General Comment No. 6 (1995), reaffirms the importance of an integrated approach, combining elements of preventive, curative and rehabilitative health treatment. Such measures should be based on periodical check-ups for both sexes; physical as well as psychological rehabilitative measures aimed at maintaining the functionality and autonomy of older persons; and attention and care for chronically and terminally ill persons, sparing them avoidable pain and enabling them to die with dignity.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Older persons
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 30
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to health, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2.2) and the obligation to take steps (art. 2.1) towards the full realization of article 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 32
- Paragraph text
- As with all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to health are not permissible. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the State party's maximum available resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 33
- Paragraph text
- The right to health, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil contains obligations to facilitate, provide and promote. The obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of the right to health. The obligation to protect requires States to take measures that prevent third parties from interfering with article 12 guarantees. Finally, the obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right to health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 34
- Paragraph text
- In particular, States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services; abstaining from enforcing discriminatory practices as a State policy; and abstaining from imposing discriminatory practices relating to women's health status and needs. Furthermore, obligations to respect include a State's obligation to refrain from prohibiting or impeding traditional preventive care, healing practices and medicines, from marketing unsafe drugs and from applying coercive medical treatments, unless on an exceptional basis for the treatment of mental illness or the prevention and control of communicable diseases. Such exceptional cases should be subject to specific and restrictive conditions, respecting best practices and applicable international standards, including the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care. In addition, States should refrain from limiting access to contraceptives and other means of maintaining sexual and reproductive health, from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, as well as from preventing people's participation in health-related matters. States should also refrain from unlawfully polluting air, water and soil, e.g. through industrial waste from State-owned facilities, from using or testing nuclear, biological or chemical weapons if such testing results in the release of substances harmful to human health, and from limiting access to health services as a punitive measure, e.g. during armed conflicts in violation of international humanitarian law.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Women
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 36
- Paragraph text
- The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to the right to health in the national political and legal systems, preferably by way of legislative implementation, and to adopt a national health policy with a detailed plan for realizing the right to health. States must ensure provision of health care, including immunization programmes against the major infectious diseases, and ensure equal access for all to the underlying determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation and adequate housing and living conditions. Public health infrastructures should provide for sexual and reproductive health services, including safe motherhood, particularly in rural areas. States have to ensure the appropriate training of doctors and other medical personnel, the provision of a sufficient number of hospitals, clinics and other health-related facilities, and the promotion and support of the establishment of institutions providing counselling and mental health services, with due regard to equitable distribution throughout the country. Further obligations include the provision of a public, private or mixed health insurance system which is affordable for all, the promotion of medical research and health education, as well as information campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health, traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes, drugs and other harmful substances. States are also required to adopt measures against environmental and occupational health hazards and against any other threat as demonstrated by epidemiological data. For this purpose they should formulate and implement national policies aimed at reducing and eliminating pollution of air, water and soil, including pollution by heavy metals such as lead from gasoline. Furthermore, States parties are required to formulate, implement and periodically review a coherent national policy to minimize the risk of occupational accidents and diseases, as well as to provide a coherent national policy on occupational safety and health services.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 38
- Paragraph text
- In its General Comment No. 3, the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant, such as the right to health. In the spirit of article 56 of the Charter of the United Nations, the specific provisions of the Covenant (articles 12, 2.1, 22 and 23) and the Alma-Ata Declaration on primary health care, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to health. In this regard, States parties are referred to the Alma-Ata Declaration which proclaims that the existing gross inequality in the health status of the people, particularly between developed and developing countries, as well as within countries, is politically, socially and economically unacceptable and is, therefore, of common concern to all countries.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 40
- Paragraph text
- States parties have a joint and individual responsibility, in accordance with the Charter of the United Nations and relevant resolutions of the United Nations General Assembly and of the World Health Assembly, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task to the maximum of its capacities. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population. Moreover, given that some diseases are easily transmissible beyond the frontiers of a State, the international community has a collective responsibility to address this problem. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- Persons on the move
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 42
- Paragraph text
- While only States are parties to the Covenant and thus ultimately accountable for compliance with it, all members of society - individuals, including health professionals, families, local communities, intergovernmental and non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities regarding the realization of the right to health. State parties should therefore provide an environment which facilitates the discharge of these responsibilities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:]
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43a
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure the right of access to health facilities, goods and services on a non discriminatory basis, especially for vulnerable or marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43b
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43c
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure access to basic shelter, housing and sanitation, and an adequate supply of safe and potable water;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43d
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To provide essential drugs, as from time to time defined under the WHO Action Programme on Essential Drugs;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 43e
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure equitable distribution of all health facilities, goods and services;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 48
- Paragraph text
- Violations of the right to health can occur through the direct action of States or other entities insufficiently regulated by States. The adoption of any retrogressive measures incompatible with the core obligations under the right to health, outlined in paragraph 43 above, constitutes a violation of the right to health. Violations through acts of commission include the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to health or the adoption of legislation or policies which are manifestly incompatible with pre existing domestic or international legal obligations in relation to the right to health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 49
- Paragraph text
- Violations of the right to health can also occur through the omission or failure of States to take necessary measures arising from legal obligations. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to the enjoyment of the highest attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 50
- Paragraph text
- Violations of the obligation to respect are those State actions, policies or laws that contravene the standards set out in article 12 of the Covenant and are likely to result in bodily harm, unnecessary morbidity and preventable mortality. Examples include the denial of access to health facilities, goods and services to particular individuals or groups as a result of de jure or de facto discrimination; the deliberate withholding or misrepresentation of information vital to health protection or treatment; the suspension of legislation or the adoption of laws or policies that interfere with the enjoyment of any of the components of the right to health; and the failure of the State to take into account its legal obligations regarding the right to health when entering into bilateral or multilateral agreements with other States, international organizations and other entities, such as multinational corporations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 51
- Paragraph text
- Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties. This category includes such omissions as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to health of others; the failure to protect consumers and workers from practices detrimental to health, e.g. by employers and manufacturers of medicines or food; the failure to discourage production, marketing and consumption of tobacco, narcotics and other harmful substances; the failure to protect women against violence or to prosecute perpetrators; the failure to discourage the continued observance of harmful traditional medical or cultural practices; and the failure to enact or enforce laws to prevent the pollution of water, air and soil by extractive and manufacturing industries.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Women
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 52
- Paragraph text
- Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to health. Examples include the failure to adopt or implement a national health policy designed to ensure the right to health for everyone; insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to health by individuals or groups, particularly the vulnerable or marginalized; the failure to monitor the realization of the right to health at the national level, for example by identifying right to health indicators and benchmarks; the failure to take measures to reduce the inequitable distribution of health facilities, goods and services; the failure to adopt a gender sensitive approach to health; and the failure to reduce infant and maternal mortality rates.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Infants
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 53
- Paragraph text
- The most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost effective way of using those resources.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 54
- Paragraph text
- The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people's participation is secured by States.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2000
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 1
- Paragraph text
- Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries. Over one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water. The continuing contamination, depletion and unequal distribution of water is exacerbating existing poverty. States parties have to adopt effective measures to realize, without discrimination, the right to water, as set out in this general comment.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 3
- Paragraph text
- Article 11, paragraph 1, of the Covenant specifies a number of rights emanating from, and indispensable for, the realization of the right to an adequate standard of living "including adequate food, clothing and housing". The use of the word "including" indicates that this catalogue of rights was not intended to be exhaustive. The right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival. Moreover, the Committee has previously recognized that water is a human right contained in article 11, paragraph 1, (see General Comment No. 6 (1995)). The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1) and the rights to adequate housing and adequate food (art. 11, para. 1). The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost amongst them the right to life and human dignity.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 4
- Paragraph text
- The right to water has been recognized in a wide range of international documents, including treaties, declarations and other standards. For instance, Article 14, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination Against Women stipulates that States parties shall ensure to women the right to "enjoy adequate living conditions, particularly in relation to […] water supply". Article 24, paragraph 2, of the Convention on the Rights of the Child requires States parties to combat disease and malnutrition "through the provision of adequate nutritious foods and clean drinking-water".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 6
- Paragraph text
- Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 7
- Paragraph text
- The Committee notes the importance of ensuring sustainable access to water resources for agriculture to realize the right to adequate food (see General Comment No.12 (1999)). Attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems, including sustainable rain harvesting and irrigation technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which provides that a people may not "be deprived of its means of subsistence", States parties should ensure that there is adequate access to water for subsistence farming and for securing the livelihoods of indigenous peoples.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Water & Sanitation
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 8
- Paragraph text
- Environmental hygiene, as an aspect of the right to health under article 12, paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic water conditions. For example, States parties should ensure that natural water resources are protected from contamination by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic eco-systems serve as a habitat for vectors of diseases wherever they pose a risk to human living environments.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Health
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12a
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines. Some individuals and groups may also require additional water due to health, climate, and work conditions;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12c (i)
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Physical accessibility: water, and adequate water facilities and services, must be within safe physical reach for all sections of the population. Sufficient, safe and acceptable water must be accessible within, or in the immediate vicinity, of each household, educational institution and workplace. All water facilities and services must be of sufficient quality, culturally appropriate and sensitive to gender, life-cycle and privacy requirements. Physical security should not be threatened during access to water facilities and services;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12c (ii)
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Economic accessibility: Water, and water facilities and services, must be affordable for all. The direct and indirect costs and charges associated with securing water must be affordable, and must not compromise or threaten the realization of other Covenant rights;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12c (iii)
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Non-discrimination: Water and water facilities and services must be accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds; and
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 13
- Paragraph text
- The obligation of States parties to guarantee that the right to water is enjoyed without discrimination (art. 2, para. 2), and equally between men and women (art. 3), pervades all of the Covenant obligations. The Covenant thus proscribes any discrimination on the grounds of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to water. The Committee recalls paragraph 12 of General Comment No. 3 (1990), which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- Men
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 14
- Paragraph text
- States parties should take steps to remove de facto discrimination on prohibited grounds, where individuals and groups are deprived of the means or entitlements necessary for achieving the right to water. States parties should ensure that the allocation of water resources, and investments in water, facilitate access to water for all members of society. Inappropriate resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive water supply services and facilities that are often accessible only to a small, privileged fraction of the population, rather than investing in services and facilities that benefit a far larger part of the population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16a
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Women are not excluded from decision-making processes concerning water resources and entitlements. The disproportionate burden women bear in the collection of water should be alleviated;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16b
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Children are not prevented from enjoying their human rights due to the lack of adequate water in educational institutions and households or through the burden of collecting water. Provision of adequate water to educational institutions currently without adequate drinking water should be addressed as a matter of urgency;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16c
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Rural and deprived urban areas have access to properly maintained water facilities. Access to traditional water sources in rural areas should be protected from unlawful encroachment and pollution. Deprived urban areas, including informal human settlements, and homeless persons, should have access to properly maintained water facilities. No household should be denied the right to water on the grounds of their housing or land status;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16d
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Indigenous peoples' access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16e
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Nomadic and traveller communities have access to adequate water at traditional and designated halting sites;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Movement
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16f
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Refugees, asylum-seekers, internally displaced persons and returnees have access to adequate water whether they stay in camps or in urban and rural areas. Refugees and asylum-seekers should be granted the right to water on the same conditions as granted to nationals;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16g
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Prisoners and detainees are provided with sufficient and safe water for their daily individual requirements, taking note of the requirements of international humanitarian law and the United Nations Standard Minimum Rules for the Treatment of Prisoners;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Humanitarian
- Movement
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 16h
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Groups facing difficulties with physical access to water, such as older persons, persons with disabilities, victims of natural disasters, persons living in disaster-prone areas, and those living in arid and semi-arid areas, or on small islands are provided with safe and sufficient water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 17
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to water, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2, para. 2) and the obligation to take steps (art. 2, para.1) towards the full realization of articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 21
- Paragraph text
- The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation includes, inter alia, refraining from engaging in any practice or activity that denies or limits equal access to adequate water; arbitrarily interfering with customary or traditional arrangements for water allocation; unlawfully diminishing or polluting water, for example through waste from State-owned facilities or through use and testing of weapons; and limiting access to, or destroying, water services and infrastructure as a punitive measure, for example, during armed conflicts in violation of international humanitarian law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Humanitarian
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 22
- Paragraph text
- The Committee notes that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States parties are bound under international humanitarian law. This includes protection of objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protection of the natural environment against widespread, long-term and severe damage and ensuring that civilians, internees and prisoners have access to adequate water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Humanitarian
- Water & Sanitation
- Personas afectadas
- Persons on the move
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 23
- Paragraph text
- The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures to restrain, for example, third parties from denying equal access to adequate water; and polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 24
- Paragraph text
- Where water services (such as piped water networks, water tankers, access to rivers and wells) are operated or controlled by third parties, States parties must prevent them from compromising equal, affordable, and physical access to sufficient, safe and acceptable water. To prevent such abuses an effective regulatory system must be established, in conformity with the Covenant and this General Comment, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 25
- Paragraph text
- The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and provide. The obligation to facilitate requires the State to take positive measures to assist individuals and communities to enjoy the right. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education concerning the hygienic use of water, protection of water sources and methods to minimize water wastage. States parties are also obliged to fulfil (provide) the right when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 26
- Paragraph text
- The obligation to fulfil requires States parties to adopt the necessary measures directed towards the full realization of the right to water. The obligation includes, inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of legislative implementation; adopting a national water strategy and plan of action to realize this right; ensuring that water is affordable for everyone; and facilitating improved and sustainable access to water, particularly in rural and deprived urban areas.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 27
- Paragraph text
- To ensure that water is affordable, States parties must adopt the necessary measures that may include, inter alia: (a) use of a range of appropriate low-cost techniques and technologies; (b) appropriate pricing policies such as free or low-cost water; and (c) income supplements. Any payment for water services has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with water expenses as compared to richer households.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 28
- Paragraph text
- States parties should adopt comprehensive and integrated strategies and programmes to ensure that there is sufficient and safe water for present and future generations. Such strategies and programmes may include: (a) reducing depletion of water resources through unsustainable extraction, diversion and damming; (b) reducing and eliminating contamination of watersheds and water-related eco-systems by substances such as radiation, harmful chemicals and human excreta; (c) monitoring water reserves; (d) ensuring that proposed developments do not interfere with access to adequate water; (e) assessing the impacts of actions that may impinge upon water availability and natural-ecosystems watersheds, such as climate changes, desertification and increased soil salinity, deforestation and loss of biodiversity; (f) increasing the efficient use of water by end-users; (g) reducing water wastage in its distribution; (h) response mechanisms for emergency situations; (i) and establishing competent institutions and appropriate institutional arrangements to carry out the strategies and programmes.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 29
- Paragraph text
- Ensuring that everyone has access to adequate sanitation is not only fundamental for human dignity and privacy, but is one of the principal mechanisms for protecting the quality of drinking water supplies and resources. In accordance with the rights to health and adequate housing (see General Comments No. 4 (1991) and 14 (2000)) States parties have an obligation to progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account the needs of women and children.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- Children
- Women
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 34
- Paragraph text
- Depending on the availability of resources, States should facilitate realization of the right to water in other countries, for example through provision of water resources, financial and technical assistance, and provide the necessary aid when required. In disaster relief and emergency assistance, including assistance to refugees and displaced persons, priority should be given to Covenant rights, including the provision of adequate water. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Personas afectadas
- Persons on the move
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 35
- Paragraph text
- States parties should ensure that the right to water is given due attention in international agreements and, to that end, should consider the development of further legal instruments. With regard to the conclusion and implementation of other international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to water. Agreements concerning trade liberalization should not curtail or inhibit a country's capacity to ensure the full realization of the right to water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37b
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37c
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37f
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process; it should include methods, such as right to water indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all disadvantaged or marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 41
- Paragraph text
- In determining which actions or omissions amount to a violation of the right to water, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations in relation to the right to water. This follows from articles 11, paragraph 1, and 12, which speak of the right to an adequate standard of living and the right to health, as well as from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to water is in violation of its obligations under the Covenant. If resource constraints render it impossible for a State party to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 42
- Paragraph text
- Violations of the right to water can occur through acts of commission, the direct actions of States parties or other entities insufficiently regulated by States. Violations include, for example, the adoption of retrogressive measures incompatible with the core obligations (outlined in para. 37 above), the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to water, or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation to the right to water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 44a
- Paragraph text
- [While it is not possible to specify a complete list of violations in advance, a number of typical examples relating to the levels of obligations, emanating from the Committee's work, may be identified:] Violations of the obligation to respect follow from the State party's interference with the right to water. This includes, inter alia: (i) arbitrary or unjustified disconnection or exclusion from water services or facilities; (ii) discriminatory or unaffordable increases in the price of water; and (iii) pollution and diminution of water resources affecting human health;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 44b
- Paragraph text
- [While it is not possible to specify a complete list of violations in advance, a number of typical examples relating to the levels of obligations, emanating from the Committee's work, may be identified:] Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to water by third parties. This includes, inter alia: (i) failure to enact or enforce laws to prevent the contamination and inequitable extraction of water; (ii) failure to effectively regulate and control water services providers; (iv) failure to protect water distribution systems (e.g., piped networks and wells) from interference, damage and destruction; and
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 45
- Paragraph text
- In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize "all appropriate means, including particularly the adoption of legislative measures" in the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to water, as soon as possible. Any national measures designed to realize the right to water should not interfere with the enjoyment of other human rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 47
- Paragraph text
- The duty to take steps clearly imposes on States parties an obligation to adopt a national strategy or plan of action to realize the right to water. The strategy must: (a) be based upon human rights law and principles; (b) cover all aspects of the right to water and the corresponding obligations of States parties; (c) define clear objectives; (d) set targets or goals to be achieved and the time frame for their achievement; (e) formulate adequate policies and corresponding benchmarks and indicators. The strategy should also establish institutional responsibility for the process; identify resources available to attain the objectives, targets and goals; allocate resources appropriately according to institutional responsibility; and establish accountability mechanisms to ensure the implementation of the strategy. When formulating and implementing their right to water national strategies, States parties should avail themselves of technical assistance and cooperation of the United Nations specialized agencies (see Part VI below).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The right to water (Art. 11 and 12) 2002, para. 48
- Paragraph text
- The formulation and implementation of national water strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water. Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
- Fecha de adición
- 19 de ago. de 2019
Párrafo