Autore
RIQUELME CORTADO, ROSATitolo
EL PROTOCOLO FACULTATIVO DEL PACTO INTERNACIONAL DE DERECHOS ECONÓMICOS, SOCIALES Y CULTURALES ENTRA EN VIGOR. Centro neurálgico para la judicialización de esta gama de derechosPeriodico
Ordine internazionale e diritti umaniAnno:
2014 - Fascicolo:
1 - Pagina iniziale:
3 - Pagina finale:
41This article analyses the importance and the implications of the entry into force of
the first Optional Protocol to the ICESCR. It was approved on the 10th December 2008 by
the General Assembly. The OP established enforcement mechanisms through inquiry and
complaint procedures and it entered into force on 5 May 2013. The adoption of the OP
constitutes an essential step toward the international effectiveness and respect of
economic, social and cultural rights, adjusting the imbalance in its enforcement
mechanisms compared to the one of the Civil and Political Rights.
Indeed, the UN human rights fundamental treaties were provided with supervision
and implementation bodies that allowed individuals to denounce human rights violations,
with the exception, until the OP’s entry into force, of the economic, social and cultural
rights. This inequality was due to the alleged difficulties concerning the justiciability of such
rights, which were considered only behavioural obligations for States to be implemented
progressively.
According to the author, the international strategy so far adopted, with respect to the
principles of indivisibility and interdependency of human rights, and through the adoption
of the OP, consists in providing the international economic, social and cultural rights
system with an effective supranational enforcement process, with the scope of assuring
their respect through the possibility for individuals to denounce a Member State for an
alleged violation of the Covenant. It seems the old division between justiciable rights and
non-judiciable rights is coming to an end, albeit only few countries have ratified the
Optional Protocol to date
SICI: 2284-3531(2014)1<3:EPFDPI>2.0.ZU;2-O
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