Part I Defining the issues to be monitored
In relation to the right to food, for example, availability means that the quantity and quality of the food is
sufficient to satisfy the dietary needs of individuals. Accessibility means that the costs associated with
acquiring food should not compromise the ability of individuals to pay for other basic needs. Acceptability
involves taking into account the non-nutrient values attached to food. Quality means that measures
are taken to prevent the contamination of foodstuffs. To take a gender lens, in relation to the right to
(reproductive) healthcare, availability would mean that the quantity of clinics, healthcare professionals,
medicines and contraception must be sufficient to meet women’s needs; accessibility that family
planning, pregnancy, childbirth and post-natal care should be affordable or free of cost; acceptable
that clinical obstetric/childbirth settings should take into account, respect and enable cultural norms
related to childbirth that ethnic minorities or indigenous communities might have; and quality that birth
attendants must be properly trained.
Process principles
The steps taken by states must also be designed and implemented in a way that is in line with procedural
rights. These include the right to information, to participation, to accountability and to transparency.
Access to effective remedies for victims of ESCR violations, including administrative and judicial
remedies, is also essential.
CASE STUDY: THE CANTERBURY EARTHQUAKE RECOVERY IN
NEW ZEALAND
In December 2013, the New Zealand Human Rights Commission (NZHRC)
published Monitoring Human Rights in the Canterbury Earthquake Recovery.
The report focuses on the right to adequate housing and its interrelated effects
on health; the impact of the earthquake on particular groups; civic participation;
and the role of State and non-State sectors in achieving the full realization of
these rights. In framing its analysis, the NZHRC identified New Zealand’s national
and international human rights commitments most relevant to the Canterbury
context, including the Covenant on Economic, Social and Cultural Rights and the
Convention on the Rights of Persons with Disabilities.
The report spells out what housing as a human right means in the context of a
natural disaster. In particular, it draws on the Committee on Economic, Social and
Cultural Rights’ General Comment No. 4 on the right to housing, as well as on
guidelines on human rights in post-disaster situations. It also examines whether
the standards articulated in these documents – namely affordability, habitability,
accessibility and security of tenure – were adequately addressed in the recovery
policies and plans. In addition, the report outlines and evaluates a range of key
human rights principles, including the prioritization of vulnerable groups and
non-discrimination; participation and empowerment; and transparency and
accountability.
Chapter 2: Economic, social and cultural rights standards | 27