last updated 31 May 2013

 

The Committee on Economic, Social and Cultural Rights (CESCR) was established to monitor State compliance with obligations under the International Covenant on Economic, Social and Cultural Rights.[1] The Committee consists of a panel of 18 independent experts elected by the Economic and Social Council. The Committee carries out its mandate through the reporting/monitoring process, the receipt of direct communications (complaints), and the initiation of inquiries into situations of grave and systematic violations.

 

States that have ratified the International Covenant on Economic, Social and Cultural Rights are required to submit an initial report documenting compliance with the provisions of the treaty within two years from its entry into force in that State, and thereafter to submit a periodic every five years. The Committee currently meets twice a year (May and November) in Geneva, Switzerland to examine government reports and engage delegates from the State party in constructive dialogue. The purpose of the session is to assess the State’s fulfillment of its obligations under the Convention and determine how the State might address issues of primary concern. A majority of these issues are identified in advance of the session by a pre-session working group of the Committee, which reviews the State party report as well as other submissions to develop a list of issues. The list is transmitted to the State party for its response prior to the session, and forms the basis of discussion. At the conclusion of the session, the Committee prepares concluding observations, which may include recommendations for measures to be taken to improve the situation for women in that particular country.  The recommendations of the Committee may have persuasive value, but are not legally binding. In general, the State party is not required to follow-up with the Committee in advance of its next periodic report on measures taken to implement the Committee’s recommendations. The Committee may, however, request that State parties respond to pressing issues more promptly.

 

The Committee relies on nongovernmental organizations (NGOs) in the monitoring process and encourages NGOs to submit “shadow” or alternative country reports in advance of the sessions to inform the Committee and working group members of issues of principal concern. Time is also allotted for NGOs to present specific concerns to members of the working group in the pre-session proceedings and to the Committee during the session. NGOs may also observe many of the Committee’s proceedings.  

 

Women's rights NGOs have successfully used the mechanism of submitting shadow reports to the Committee on Economic, Social and Cultural Rights as a way to bring attention to the issue of violence against women. Today, the Committee regularly adopts concluding observations and recommendations addressing domestic violence and sexual exploitation and trafficking of women and girls. In 2013, the Committee recognized the inadequacy of the Law on Domestic Violence in Azerbaijan[2] and recommended that Iran take steps to criminalize marital rape.[3] In 2012, the Committee recommended that Peru, Slovakia, Bulgaria, and Tanzania amend legislation to make domestic violence a specific offence and take measures to prevent and combat domestic violence.[4] It also urged the Slovakian and Ethiopian governments to strengthen measures to prevent trafficking sexual exploitation of women and girls and urged the Bulgarian government to provide rehabilitation services to victims and punish offenders in line with the severity of the offense. Shadow reports submitted to the Committee are available on the CESCR website within the “Sessions” section. The Universal Human Rights Index Database provides country-specific human rights information, including concluding observations by topic.

 

Earlier examples include a 2002 report by the World Organization against Torture (OMCT), an international coalition of NGOs, to the Polish government's periodic report to the CESCR. The OMCT report found that "women suffer from discrimination in Poland in both the private and public spheres,” and that this discrimination was “exacerbated by cultural stereotypes concerning the role of women, ineffective legislation for the prevention and punishment of violence against women, and inadequate services for women who are victims of violence."  A shadow report prepared by the International Women's Rights Action Watch (IWRAW) to Benin’s Initial State Party Report in 2001, called attention to pervasive issues of incest, domestic violence, and rape within marriage; early marriage; and forced marriage arrangements. In 2004, the IWRAW produced a guide on drafting shadow reports to the CESCR which includes an explanation of the rights enumerated in the Covenant as well as questions NGOs might pose to State parties.   

 

NGOs are not limited in the number of UN bodies to which they can submit shadow reports.  Thus, for the purposes of advocacy, NGOs are encouraged to bring international attention to issues of violence against women through the monitoring of government obligations under all treaties that protect women's human rights.

 

 

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights allows the Committee to consider individual complaints of human rights violations committed by State parties to the Optional Protocol.

 

The Optional Protocol creates two procedures:

(1) The Communications Procedureallows individuals or groups (i.e. non-governmental organizations) to submit complaints of violations of rights protected under the Covenant to the Committee. Under the Communications Procedure, the Committee evaluates the complaint based on information presented by the complainant and by the state party. The Committee transmits its findings and recommendations to the state party, which is obliged to submit a written reply to the Committee, within six months, including actions taken to remedy the violation. The Committee may take interim action if necessary, requesting urgent consideration by the State party to take measures to avoid irreparable damage to the victim or victims of the alleged violation.

 

(2) The Inquiry Procedure allows the Committee to initiate inquiries into reliable reports of grave or systemic violations of the Covenant by a State party. Where warranted, a visit to the country may be requested. After considering the information obtained in the inquiry, the Committee transmits its findings and recommendations to the State party, which is obliged to submit a written response within six months. State parties to the Optional Protocol may "opt-out" of this procedure at the time of ratification.

 

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