CESCR
General Comment No. 10
The role of national human rights institutions in the protection
of economic, social and cultural rights
Nineteenth session 1990
E/1999/22
1. Article 2,
paragraph 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 United Nations High Commissioner for Human Rights
has established a major programme to assist and encourage States
in relation to national institutions.
2. These institutions range from national human rights commissions
through Ombudsman offices, public interest or other human rights
“advocates”, to “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.
3. 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:
(a) 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;
(b) 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;
(c) 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;
(d) The identification of national-level benchmarks against which
the realization of Covenant obligations can be measured;
(e) 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;
(f) Monitoring compliance with specific rights recognized under
the Covenant and providing reports thereon to the public authorities
and civil society; and
(g) Examining complaints alleging infringements of applicable
economic, social and cultural rights standards within the State.
4. The Committee
calls upon States parties to ensure that the mandates accorded to
all national human rights institutions include appropriate attention
to economic, social and cultural rights and requests States parties
to include details of both the mandates and the principal relevant
activities of such institutions in their reports submitted to the
Committee.
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