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Commentary on the Optional Protocol on Economic and Social Rights

Chengwei Ju

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Abstract

Since the adoption of the two core international human rights covenants in 1966,the lack of a complaint procedure for economic,social and cultural rights has been a missing piece in the international human rights protection system.On 10 december 2008,the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights.Through individual complaints procedure,inter-state complaints procedure and inquiry procedure,the Optional Protocol established quasi-judicial procedure which would allow persons to petition an international human rights body about the violation of their rights under the Covenant.This would become an important new human rights instrument to strengthen the protection of economic,social and cultural rights.

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What this paper is about

Since the adoption of the two core international human rights covenants in 1966,the lack of a complaint procedure for economic,social and cultural rights has been a missing piece in the international human rights protection system.On 10 december 2008,the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights.Through individual complaints procedure,inter-state complaints procedure and inquiry procedure,the Optional Protocol established quasi-judicial procedure which would allow persons to petition an international human rights body about the violation of their rights under the Covenant.This would become an important new human rights instrument to strengthen the protection of economic,social and cultural rights.

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Available abstract

Since the adoption of the two core international human rights covenants in 1966,the lack of a complaint procedure for economic,social and cultural rights has been a missing piece in the international human rights protection system.On 10 december 2008,the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights.Through individual complaints procedure,inter-state complaints procedure and inquiry procedure,the Optional Protocol established quasi-judicial procedure which would allow persons to petition an international human rights body about the violation of their rights under the Covenant.This would become an important new human rights instrument to strengthen the protection of economic,social and cultural rights.

Key concepts: Human rights, Covenant, Cultural rights, Right to property, International human rights law, Law, Social rights, Political science

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