E
UNITED
NATIONS
Economic and Social
Distr.
Council
E/C,12/1998/25, CESCR
General comment 10
14 December
1998
Original: ENGLISH
The role of national human rights institutions in the protection of
economic, social and cultural rights : . 14/12/98.
E/C.12/1998/25, CESCR General comment 10. (General Comments)
Convention
Abbreviation:
COMMITTEE ON ECONOMIC,
AND CULTURAL RIGHTS
public interest or other human rights “advocates”,
to “defensores del pueblo”. In many cases, the
institution has been established by the Government,
enjoys an important degree of autonomy from the
executive and the legislature, takes full account
of international human rights standards which are
applicable to the country concerned, and is mandated
to perform various activities designed to promote
and protect human rights. Such institutions have
been established in States with widely differing legal
cultures and regardless of their economic situation.
CESCR
SOCIAL
Nineteenth session
Geneva, 16 November-4 December 1998
Agenda item 3
SUBSTANTIVE ISSUES ARISING IN THE
IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
General comment No, 10:
The role
national
of
human rights institutions in the
protection of economic, social and cultural rights *
and ensuring
1. Article 2, paragraph 1, of the Covenant obligates
each State party “to take steps ... with a view to
achieving progressively the full realization of the
[Covenant]
Committee
rights ... by all appropriate means”. The
notes that one such means, through
which important steps can be taken, is the work of
national institutions for the promotion and protection
of human rights. In recent years there has been a
proliferation of these institutions and the trend has
been strongly encouraged by the General Assembly
and the Commission
on Human
the United
High Commissioner
Rights
Nations
has
established
assist and encourage
institutions.
a
Rights. The Office of
major
for Human
programme
*
human
offices,
Adopted at the 51st meeting (19th session), on 1
December
1998.
to
States in relation to national
2, These institutions range from national
rights commissions through Ombudsman
3. The Committee notes that national institutions
have a potentially crucial role to play in promoting
the
indivisibility and
interdependence
of all human rights. Unfortunately, this role has too
often either not been accorded to the institution or
has been neglected or given a low priority by it. It
is therefore essential that full attention be given
to economic, social and cultural rights in all of the
relevant activities of these institutions. The following
list is indicative of the types of activities that can be,
and in some instances already have been, undertaken
by national institutions in relation to these rights:
(a) The
promotion
of educational
and
information
programmes designed to enhance awareness and
understanding
of economic,
social and
cultural
rights, both within the population at large and among
particular groups such as the public service, the
judiciary, the private sector and the labour movement;
(b) The scrutinizing of existing laws and administrative
acts, as well as draft bills and other proposals, to
ensure that they are consistent with the requirements
of the International Cavenant on Economic, Social
and Cultural Rights;
GENERAL COMMENTS AND STATEMENTS
29