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Essay / An analysis of the International Covenant on Economic Rights,...
The International Covenant on Economic, Social and Cultural Rights, hereinafter the “ICESCR”, obliges States parties to take measures to realize the rights recognized in the treaty. These are both fundamental obligations, which must be carried out immediately, and duties which must be fulfilled gradually, through the maximum use of available resources. Once achieved, steps must be taken to ensure that these rights are not diminished. In case of regression, full justification is required. This legal note will critically analyze the situation at Mythica in order to identify any potential obligations assigned in the ICESCR that may have been violated. It will then outline which of these potential violations could be brought before the Optional Protocol, hereinafter the “OP”, for redress.II. OVERVIEW OF THE CASE ANALYSIS The treaty body of the ICESCR, the Committee on Economic, Cultural and Social Rights, hereinafter “the Committee”, has identified minimum core obligations. In its General Comment 3, hereinafter “GC3”, it specifies that there are basic “essential levels” for all ICESCR rights. These create minimum fundamental obligations that must be implemented quickly. The obligation to respect requires that states refrain from interfering with ICESCR rights. The duty to protect calls on States to protect rights holders from infringement by third parties. Responsibility to fulfill implies that States take measures to achieve the full realization of rights. If any of these conditions are not met, a violation has occurred. Violations can be committed both through action and inaction. The onus is on the State to demonstrate that it has made every effort to exhaust its resources to meet its minimum obligations. In addition, it must provide...... middle of paper ......issue in its state reports, where it must indicate if it encounters difficulties that prevent it from fulfilling its obligations. Nor will it have fulfilled its responsibility to seek international assistance and cooperation from States Parties that have made donations.IV. CONCLUSION: SUBMISSION OF CASES BEFORE THE PROTOCOLAll domestic remedies must be exhausted before being submitted to the Committee. It should be mentioned that some of the potential violations occurred recently and the likelihood that all domestic remedies have been exhausted is unlikely. If the decision is made to file a communication, it must be done within one year after exhaustion, unless it is proven that this was not possible. In these cases, for the victims and potential future victims who might be spared depending on the OP's results, time is running out..