Today, various international instruments allow for the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is responsible for their implementation, refers to it as ‘the ethical and legal basis for all the human rights work of the United Nations… the foundation upon which the international system for the protection and promotion of human rights has been developed' . Indeed, since its creation, the United Nations has tried to secure the promotion and protection of human rights worldwide. We can notice that the two Covenants deal with different rights in more details and provide a legally binding option. The General assembly agreed to the drafting of two distinct instruments to show a dual approach to human rights protection, but in a unite aim; that is why the two texts were requested to be presented at the same time, after a series of negotiations and consultations involving States, specialized agencies and NGOs.
[...] Concerning the obligation to ‘protect', it requires the State to prevent violations of such rights by third parties. Thus, the State will prevent mining companies from appropriating lands of indigenous people or ensure that private employers comply with employment standards regarding safety at work. Moreover, the State has an obligation to ‘promote' that is to inform people of their rights and explain how they can enjoy these rights. This includes activities such as workshops, seminars and publications in the written media and other media such as radio and television. [...]
[...] Moreover, while the determination of violations of a treaty should be an essential element of any human rights monitoring procedure, determinations by the Committee that a State party had violated any particular right guaranteed by the Covenant were very long in coming; it was not until 1990 that the Committee first declared a State party to have violated its housing rights obligations under the Covenant. One answer to those problems can be the introducing of a new procedure: the complaints procedure. At the present, it is not possible for individuals or groups who feel that their rights under the Covenant have been violated to submit formal complaints to the Committee. And, there are numerous arguments supporting the adoption of such a procedure. The Committee has given increasing attention to this possibility by supporting, in 1991, the drafting of an optional protocol. [...]
[...] When States parties submit their reports, a standard procedure of consideration is followed by the Committee. First, a five-person pre- sessional working group will review the reports so as to give a preliminary consideration to them, appoints one member to give particular consideration to each report and develop written lists of questions based on disparities found in the reports. The States parties are then required to reply in writing to these questions prior to their appearance before the Committee. During the presentation of the reports, representatives of reporting States are strongly encouraged to be present at the meetings when the Committee considers the reports. [...]
[...] Among the numerous functions of the Committee, there is that of providing “General Comments” on the rights and provisions contained in the Covenant with a view to assisting States in fulfilling their reporting obligations and to provide greater interpretative clarity as to the intent, meaning and content of the Covenant. The aim was the full realization of the rights established under the Covenant. For example, General Comment No (1990) dealt with international technical assistance measures; matter also discussed in article 22 of the Covenant. [...]
[...] II The importance of monitoring Indeed, in order to help the State who is accessing to the Covenant on Economic, Social and Cultural Rights to fulfil its obligations, various means are available. A variety of technical co-operation and a range of specialized agencies[9] can provide further backup for States in their process. But, this is the Committee on Economic, Social and Cultural Rights which is the principal body in monitoring the implementation of the Covenant. It has been created by the Economic and Social Council (ECOSOC) in 1985 and met for the first time in 1987. [...]
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