Suchergebnisse

IN MAY 1986, THE UNITED NATIONS CREATED A NEW EXPERT COMMITTEE ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS. ITS TASK IS TO ASSIST THE ECONOMIC AND SOCIAL COUNCIL IN MONITORING STATES PARTIES' COMPLIANCE WITH THEIR OBLIGATIONS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS. THIS ARTICLE PROVIDES THE HISTORY OF THE ESTABLISHMENT OF THE COMMITTEE, DESCRIBES ITS COMPOSITION AND OPERATING PROCEDURES, AND DISCUSSES THE PRINCIPAL CHALLENGES CONFRONTING THE COMMITTEE IN THE NEAR FUTURE. THE ANALYSIS IS LARGELY FOCUSED ON THE MEASURES THAT COULD BE TAKEN TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THE COVENANT.

THIS ARTICLE IS DIVIDED INTO THREE MAJOR SECTIONS. SECTION 1 DEALS WITH INTRODUCTORY MATTERS THAT HAVE A BEARING ON THE NATURE OF THE TASK. THESE INCLUDE AN OVERVIEW OF COMMON PERCEPTIONS ABOUT ECONOMIC, SOCIAL, AND CULTURAL RIGHTS AND A COMMENTARY ON THE PRINCIPLES OF INTERPRETATION TO BE USED IN ASCERTAINING THE MEANING OF THE TEXT. THE SECOND SECTION DEALS WITH THE NATURE OF STATES PARTIES' OBLIGATIONS UNDER THE TREATY. THESE INCLUDE BOTH THE GENERAL DOMESTIC AND INTERNATIONAL OBLIGATIONS PROVIDED FOR IN PART 11 OF THE COVENANT AND THE SPECIFIC OBLIGATIONS (I.E., THOSE ARISING IN CONNECTION WITH SPECIFIC RIGHTS) IMPLIED BY THE VARIOUS WORDS AND PHRASES USED IN PART 111 OF THE COVENANT. THE THIRD SECTION OF THE ARTICLE DEALS WITH LIMITATIONS UPON, AND DEROGATIONS FROM, THE OBLIGATIONS UNDERTAKEN BY STATES PARTIES. THIS INVOLVES AN ANALYSIS OF THE PROVISIONS CONTAINED IN ARTICLES 4 AND 5 AND OF THE COVENANT AND OF THE RELATIONSHIP BETWEEN ARTICLE 4 AND ARTICLE 2(1). AN ANNEX CONTAINS A BRIEF OUTLINE OF THE LEGISLATIVE DRAFTING HISTORY OF ARTICLE 2(1).