UN Monitoring ICESCR

Monitoring of the implementation of the provisions of the ICESCR

The Committee on Economic and Social and Cultural Rights (CESCR) is the UN treaty body that monitors the implementation of the ICESCR by its State parties. The 18 CESCR members are independent experts that meet twice a year holding two three-week sessions in Geneva.

 Under Article 16 and 17 of the Covenant, all States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years outlining the legislative, judicial, policy and other measures which they have taken to ensure the enjoyment of the rights contained in the Covenant. States parties are also requested to provide detailed data on the degree to which the rights are implemented and areas where difficulties have emerged. The UNCESCR has developed a set of searching questions, to establish compliance under Art 11(3) of the Covenant. Indeed, these could constitute the basis of an evaluation method of the effectiveness and equity of any housing policy. See UN Doc. E/C, 12/1991/.

The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”, which constitutes the decision of the Committee regarding the status of the Covenant in a given State party. Search herefor  the concluding observations issued by the CESR, (put CESR in the "Convention" field and Concluding/Observations in the "Type" field.)

A selection of State reports and concluding observations related to Article 11 are available at the Feantsa website here.

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

In 1996, the UNCESCR proposed a draft optional protocol for individual complaints under ICESCR to be made directly to UNCESCR, in the same way as the Council of Europe Collective Complaints system operates for NGOs.

 See UN Doc E/CN.4/1997/105, ‌18 December 1996, Commission on Human Rights, Fifty-third session, Draft optional protocol to the ICESCR.

See further e/cn.4/1999/112 paras 1–2. Economic and Social Council, Commission on Human Rights. Fifty-fifth Session and

UN Doc. E/CN.4/2001/62/Add.1. Sweden, paras 2–3

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has now been adopted by the UN and a number of States have ratified it. See General Assembly Resolution, A/RES/63/117.

On March 7th, 2012, the Tánasite and Minister for Justice announced that Ireland will sign, subject to ratification, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.