1. International Covenant on Economic Social and Culture Rights Fidelma Joyce Senior Human Rights Awareness Officer Irish Human Rights Commission

2. Format Introduction to IHRC Introduction to IHRC Introduction to ESCR Introduction to ESCR International Covenant on Economic Social and Cultural Rights International Covenant on Economic Social and Cultural Rights Ireland and ICESCR Ireland and ICESCR 2002 Concluding Comments 2002 Concluding Comments CEDAW Concluding Comments CEDAW Concluding Comments 3 rd Report 3 rd Report IHRC and ICESCR IHRC and ICESCR Next Steps Next Steps

3. Irish Human Rights Commission Established under statute in 2001 to promote and protect human rights in Ireland Established under statute in 2001 to promote and protect human rights in Ireland Functions of relevance to ICESCR Functions of relevance to ICESCR To keep law and practice under reviewTo keep law and practice under review To consult with national and international bodiesTo consult with national and international bodies To promote awareness of human rightsTo promote awareness of human rights

4. Irish Human Rights Commission Strategic Plan 2007-2011 6 strategic goals 6 strategic goals Promote a culture of respect for human rightsPromote a culture of respect for human rights Promote centrality of human rights in formulation of policy, legislation and practicePromote centrality of human rights in formulation of policy, legislation and practice Work jiuntly with Northern Ireland Human Rights CommissionWork jiuntly with Northern Ireland Human Rights Commission Promote a society that values inclusiveness and diversityPromote a society that values inclusiveness and diversity Assess and anticipate emerging challengesAssess and anticipate emerging challenges Strengthen organisational capacityStrengthen organisational capacity

5. IHRC and Treaty Monitoring Paris Principles Paris Principles Independence, Powers and FunctionsIndependence, Powers and Functions Functions include:Functions include: “To contribute to the reports which the Staes are required to submit..and where necessary, to express an opinion on the subject, with due respect for their independence“To contribute to the reports which the Staes are required to submit..and where necessary, to express an opinion on the subject, with due respect for their independence Encourage ratification of treaties and co-operation with UN BodiesEncourage ratification of treaties and co-operation with UN Bodies

6. What are economic, social, and cultural rights Social Rights Social Rights Core needs for a dignified lifeCore needs for a dignified life Right to an Adequate Standard of Living Right to an Adequate Standard of Living Economic Rights Economic Rights Rights to workRights to work Right to social assistanceRight to social assistance Right to propertyRight to property Pre-conditions for enjoyment of social and other rightsPre-conditions for enjoyment of social and other rights Cultural Rights Cultural Rights Right to educationRight to education Right to participate in one’ own cultureRight to participate in one’ own culture Right to cultural identityRight to cultural identity

7. ICESCR - International Covenant on Economic Social and Cultural Rights Universal Declaration of Human Rights 1948 (2008 - 60 th Anniversary) Universal Declaration of Human Rights 1948 (2008 - 60 th Anniversary) Statement of ideals to underpin a legal textStatement of ideals to underpin a legal text Divisions and ‘Cold War’ led to preparation of two separate convenants Divisions and ‘Cold War’ led to preparation of two separate convenants ICCPR – International Covenant on Civil and Political RightsICCPR – International Covenant on Civil and Political Rights ICESCR – International Covenant on Economic, Social and Cultural RightsICESCR – International Covenant on Economic, Social and Cultural Rights States unwilling to accept legal obligations in relation to economic, social and cultural rightsStates unwilling to accept legal obligations in relation to economic, social and cultural rights

8. ICESCR - International Covenant on Economic Social and Cultural Rights Right to self-determination Right to self-determination Equal rights between men and women Equal rights between men and women Right to work Right to work Right to just and favourable conditions of work Right to just and favourable conditions of work Right of workers to organise and bargain collectively Right of workers to organise and bargain collectively Right to social security and social insurance Right to social security and social insurance Right to protection and assistance for the family Right to protection and assistance for the family Right to an adequate standard of living Right to an adequate standard of living Adequate foodAdequate food Adequate clothingAdequate clothing Adequate housingAdequate housing Right to freedom from hunger Right to freedom from hunger Right to the highest attainable standard of physical and mental health, including health care Right to the highest attainable standard of physical and mental health, including health care Right to education Right to education Right to culture and benefit from scientific progress Right to culture and benefit from scientific progress

9. ICESCR - International Covenant on Economic Social and Cultural Rights 1993 Vienna Declaration 1993 Vienna Declaration Indivisibility, interdependence and inter-relatedness of rights endorsedIndivisibility, interdependence and inter-relatedness of rights endorsed Poverty and social exclusion constituted a violation of human dignityPoverty and social exclusion constituted a violation of human dignity Limburg Principles Limburg Principles Immediate Obligations to respect, protect and fulfillImmediate Obligations to respect, protect and fulfill UN Committee on ICESCR UN Committee on ICESCR Monitors compliance of signatory States with the human rights standards set out in the covenantMonitors compliance of signatory States with the human rights standards set out in the covenant Prepares General Comments to give more substance to the articles outlined in the ICESCRPrepares General Comments to give more substance to the articles outlined in the ICESCR

10. Ireland and ICESCR ICESCR was opened for signature and ratification in 1966 ICESCR was opened for signature and ratification in 1966 Ireland Ireland Signed 1 October 1973Signed 1 October 1973 Ratified 8 Dec 1989Ratified 8 Dec 1989 1 st report submitted in 19971 st report submitted in 1997 UN Committee on CESCR Concluding Observations in 1999UN Committee on CESCR Concluding Observations in 1999 2 nd report submitted in 20012 nd report submitted in 2001 UN Committee on CESCR Concluding Observations in 2002UN Committee on CESCR Concluding Observations in 2002 3 rd report to be submitted in Dec/Jan 20083 rd report to be submitted in Dec/Jan 2008

11. 2002 Concluding Observations Positives - Revised Social Charter - CERD - IHRC established - Domestic violence legislation - Min. wage - NAPS Concerns Concerns - ICESCR not incorporated or reflected in Irish law - IHRC not operational - Disability Bill not human rights based approach (HRBA) - Discrimination against people with physical and mental disabilities - Article 40.1 of Constitution on equality before the law and principle of non-discrmination in a.2 and a.3 of ICESCR - Trade unions and collective bargaining - Human rights not integral toNAPS - Affordable housing - People with mental disabilities lack of access to independent living - Human rights frame-work missing from National Health Strategy

12. 2002 Concluding Observations Recommendations Recommendations Economic, social and cultural rights are justiciable and should be given full effect in the domestic legal orderEconomic, social and cultural rights are justiciable and should be given full effect in the domestic legal order State report on initiatives by the IHRC to promote economic, social and cultural rightsState report on initiatives by the IHRC to promote economic, social and cultural rights Adoption of HRBA in Disability BillAdoption of HRBA in Disability Bill Thorough review of sheltered workshopsThorough review of sheltered workshops Amending article 40.1 of the Constitution on equality before the lawAmending article 40.1 of the Constitution on equality before the law Review methods of fixing min. wageReview methods of fixing min. wage Protect trade union’s collective bargainingProtect trade union’s collective bargaining Measures taken by Ireland on domestic violenceMeasures taken by Ireland on domestic violence

13. Concluding Comments Recommendations Combat Poverty Agency should be well resourcedCombat Poverty Agency should be well resourced Integrate human rights into NAPSIntegrate human rights into NAPS Accelerate social housing programmeAccelerate social housing programme Adequate information on extent of provision of adequate accommodation to Traveller familiesAdequate information on extent of provision of adequate accommodation to Traveller families People without serious psychiatric illness more appropriate care settingsPeople without serious psychiatric illness more appropriate care settings Human rights framework for National Health StrategyHuman rights framework for National Health Strategy Constitutional amendment on extending primary education access to all adults with special needsConstitutional amendment on extending primary education access to all adults with special needs International Co-operation contributionInternational Co-operation contribution

14. CEDAW Concluding Observations Compare the concluding comments of the UN Committee on ICESCR and the concluding comments of the UN Committee on CEDAW Compare the concluding comments of the UN Committee on ICESCR and the concluding comments of the UN Committee on CEDAW CEDAW Concerns Recognised groups of women in vulnerable situationsRecognised groups of women in vulnerable situations Barriers in access to education, employment, healthcare and other servicesBarriers in access to education, employment, healthcare and other services Closer monitoring of women’s poverty and social exclusionCloser monitoring of women’s poverty and social exclusion Gender impact of all social and economic policies requiredGender impact of all social and economic policies required

15. CEDAW Concluding Comments CEDAW Recommendations Substantive equality between men and women should be recognised in the Irish Constitution Substantive equality between men and women should be recognised in the Irish Constitution Resources for roll-out of National Women’s Strategy should be available Resources for roll-out of National Women’s Strategy should be available Provision of affordable childcare Provision of affordable childcare Strong action to eradicate pay discrimination Strong action to eradicate pay discrimination De facto Equal opportunities in the labour market De facto Equal opportunities in the labour market Wide consultation when preparing next report Wide consultation when preparing next report

16. 3 rd Report by Ireland Irish government has draft its 3 rd report Irish government has draft its 3 rd report Draft report is currently being circulate to departments for their final comments Draft report is currently being circulate to departments for their final comments Expect draft to be circulated to wider statutory, and community and voluntary sector in early November Expect draft to be circulated to wider statutory, and community and voluntary sector in early November Contact Tara.Murphy@dfa.ie to get on circulation listContact Tara.Murphy@dfa.ie to get on circulation listTara.Murphy@dfa.ie 4-6 weeks time frame to offer feedback 4-6 weeks time frame to offer feedback Final State report should be submitted we anticipate in January 2008 Final State report should be submitted we anticipate in January 2008 Anticipate that UN Committee will hear Ireland’s report towards end of 2008 (no date confirmed yet) Anticipate that UN Committee will hear Ireland’s report towards end of 2008 (no date confirmed yet)

17. IHRC and ICESCR IHRC will: IHRC will: Comment on Irish government’s report Comment on Irish government’s report Consult with NGOs and other bodies Consult with NGOs and other bodies Submit its own report in advance to the UN Committee as it has done on CERD, CEDAW, CRC, and in early 2008 on the ICCPR. Submit its own report in advance to the UN Committee as it has done on CERD, CEDAW, CRC, and in early 2008 on the ICCPR. Will have informal contact with Committee members and Secretariat Will have informal contact with Committee members and Secretariat Special part of the pre-sessional hearing for National Human Rights Institutions (NHRIs) like the IHRC Special part of the pre-sessional hearing for National Human Rights Institutions (NHRIs) like the IHRC

18. Epilogue…work of the IHRC on economic, social and cultural rights Conference December 2005 Conference December 2005 Discussion Paper ‘Making Economic, Social and Cultural Rights Effective’ Discussion Paper ‘Making Economic, Social and Cultural Rights Effective’ 1 st Enquiry Report on ‘Self-Employed and the Old Age Contributory Pension’ 1 st Enquiry Report on ‘Self-Employed and the Old Age Contributory Pension’ Housing Rights Project with Equality Authority Housing Rights Project with Equality Authority Proposed submission to UN Committee on the ICECSR Proposed submission to UN Committee on the ICECSR www.ihrc.ie Publications www.ihrc.ie Publications www.ihrc.ie

19. Next Steps ……………………..