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The optional protocol to the International Covenant on Social and Cultural Rights in Ireland; will it make a difference?

Claire-Michelle Smyth

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Abstract

As a response to the divide in International Law between civil and political rights and social and economic rights, the United Nations in June 2008 adopted the Optional Protocol to the International Covenant on Economic Social and Cultural Rights which for the first time allows for an international forum to determine breaches of social and economic rights within domestic systems. The task of bringing such an optional protocol to fruition was one fraught with opposition, particularly from states who grant little or no judicial protection to social and economic rights. Ireland is one of those states where the fight to judicially protect social and economic rights has been met with fierce resistance. Having now signed the Optional Protocol, will this make any difference to the domestic regime in Ireland?

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What this paper is about

As a response to the divide in International Law between civil and political rights and social and economic rights, the United Nations in June 2008 adopted the Optional Protocol to the International Covenant on Economic Social and Cultural Rights which for the first time allows for an international forum to determine breaches of social and economic rights within domestic systems. The task of bringing such an optional protocol to fruition was one fraught with opposition, particularly from states who grant little or no judicial protection to social and economic rights. Ireland is one of those states where the fight to judicially protect social and economic rights has been met with fierce resistance. Having now signed the Optional Protocol, will this make any difference to the domestic regime in Ireland?

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Available abstract

As a response to the divide in International Law between civil and political rights and social and economic rights, the United Nations in June 2008 adopted the Optional Protocol to the International Covenant on Economic Social and Cultural Rights which for the first time allows for an international forum to determine breaches of social and economic rights within domestic systems. The task of bringing such an optional protocol to fruition was one fraught with opposition, particularly from states who grant little or no judicial protection to social and economic rights. Ireland is one of those states where the fight to judicially protect social and economic rights has been met with fierce resistance. Having now signed the Optional Protocol, will this make any difference to the domestic regime in Ireland?

Key concepts: Cultural rights, Political science, Social rights, International Covenant on Civil and Political Rights, International human rights law, Right to property, Human rights, Fundamental rights

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