Scottish Human Rights Law Group

By Kasey Lowe

The Treaty event marking the opening for signature of the Optional Protocol on the International Covenant on Economic, Social and Cultural  Rights (ICESCR) took place on 24 September 2009.  Human rights advocates should celebrate the twenty-eight[1] signatory UN Member States who are paving the way for the ICESCR Committee to serve as review mechanism for individual complaints.  (See article posted on 17 September 2009).  Notably absent form the list, regrettable though not surprising, is the United Kingdom.  However, the usually progressive European states of Finland and the Netherlands did not disappoint by stepping up to show their support with their signatures.  These traditionally pro-human rights states were also joined by a healthy smattering of other European states including Italy and Portugal.

Pursuant to Article 18 of the Optional Protocol, it will only enter into force three months following the tenth ratification or accession.  Thus, there is still a great deal of movement on the part of the States Parties before this important review mechanism is realised with respect to social, economic and cultural rights.  As with all things related to the international human rights system, onlookers should expect small gains as time marches on…one ratification at a time.