1. Susie Talbot, INTERIGHTS

2.  The ICESCR and OP-ICESCR background  Opportunities under the OP-ICESCR  Taking a strategic case from the national level to the CESCR

3.  Overarching principles of the Covenant  Rights included: ◦ Rights about working and the conditions of work ◦ Rights about social security, protection and assistance ◦ Rights about adequate living standards, health, education and cultural life

4.  No right without a remedy  Universal, interdependent and indivisible  Negotiation and drafting of OP  Entry into force on 5 May 2013

5.  Inter-state communications procedure  Inquiry procedure  Communications procedure

6.  Mechanism for inter-State complaints resolution  Requires opt-in by State parties  Procedure

7.  Mechanism for CESCR inquiry into grave and systematic violations  Requires opt-in by State parties  Procedure

8.  Mechanism for complaining that a State Party has violated one or more Covenant rights  Submitting a communication ◦ Standing ◦ Admissibility criteria ◦ Costs  Friendly settlement

9.  Victims of alleged violations can request to avoid irreparable damage  Not a decision on admissibility or the merits

10.  Transmission  Examination ◦ Documents/information to consider ◦ ‘Reasonableness’ standard of review  Guidance – general comments, conclusions in State reporting, similar c/ees etc

11.  Views and recommendations  CESCR follow up  Implementation  International assistance and cooperation

12.  (1) choosing a case  (2) the ‘right’ claimant(s) and respondent(s)  (3) making a persuasive argument  (4) asking for effective remedies  (5) litigation within a wider advocacy strategy

13.  Importance of issue  Sources of cases

14.  Possible claimants ◦ Standing ◦ Individual circumstances ◦ Safety and confidentiality ◦ Engagement by affected communities  The respondent State

15.  Consider all key rights engaged by situation  Make a clear and persuasive argument  Using international and comparative law  Expert evidence  Asking others to intervene

16.  Consider both individual and general  Be specific  Work with relevant stakeholders

17.  Long-term legal strategy  Wider advocacy strategy

18.  Key socio-economic issues in your country  National level  international level  Increase the impact  Susie Talbot  stalbot@interights.org