Brief Overview of the United Nations Committee 
on Economic, Social and Cultural Rights Jurisprudence Cover Image

Repere din jurisprudenþa Comitetului ONU pentru Drepturile Economice, Sociale și Culturale
Brief Overview of the United Nations Committee on Economic, Social and Cultural Rights Jurisprudence

Author(s): Crăciuneanu-Tatu Laura-Maria
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Universul Juridic
Keywords: ESC rights; justiciability; right to adequate housing; right to social security; admissibility ratione temporis; protection of family;

Summary/Abstract: Unlike the Human Rights Committee, which is a conventional body set up under the International Covenant on Civil and Political Rights the UN Committee on Social Economic and Cultural Rights is a UN organ, unconventional, being set up in 1985 by a Resolution of the Economic and Social Council. The quasi-jurisdiction of the Committee does not arise either from the International Covenant on Economic, Social and Cultural Rights or from the ECOSOC Resolution but was acquired recently on 5 May 2013 with the entry into force of the Optional Protocol to the ICESCR. Pursuant to Articles 1-9 of OP-ICESCR, the Committee may receive and settle individual communications filed by individuals on behalf of individuals or groups of individuals under the jurisdiction of the State Party to the Protocol on rights enshrined in the ICESCR. The Committee is therefore in a position to proceed with the settlement of such individual communications only in respect of States which have expressed their consent to be parties to this Protocol. So far, 24 States have become parties to this Protocol, thus accepting the Committee's jurisdiction. This paper aims to give an overview of the jurisprudential lines that CESCR has managed to outline so far (Section II) and to provide a starting point and reflection for further and necessary steps from the CESCR. The final part is reserved for the conclusions (Section III).

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 5-21
  • Page Count: 12
  • Language: Romanian