Entrada en vigor, general y para España, del Protocolo Facultativo del Pacto Internacional de Derechos Económicos, Sociales y Culturales

Rosa Riquelme Cortado

Abstract


The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) entered into force on 5 May 2013, generally and for Spain, thereby establishing, as an essential procedure, the filing of communications by individuals or groups of individuals claiming to be victims of a violation by a State Party of any one of the rights set forth in the Covenant. The principle of indivisibility and interdependence between all human rights acts as its supporting pillar for the correction of the discriminatory protective regime brought about in 1966 by the twin covenants (International Covenant on Civil and Political Rights). The process through which the Protocol to the ICESC came into being, however, did not ignore the insistent debate arising from the justiciability of economic, social and cultural rights, which has an effect on the limits set for the monitoring procedures provided forth therein in order to ensure compliance with the rights protected by the Covenant; that is, the filing of individual communications, its main leitmotiv, of communications between States and inquiry into grave or systematic violations of this range of rights, as well as the complementary mechanisms of international assistance and cooperation of the trust fund in particular.

Published online: 11 December 2017


Keywords


economic; social and cultural rights; justiciability; procedure for filing communications; the States’ margin of appreciation in policy-making and in the allocation of resources; international assistance and cooperation

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DOI: http://dx.doi.org/10.18543/aahdh-11-2013pp75-107

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