RES/28/12 Question of the realization in all countries of economic, social and cultural rights

GE.A/HRC/28/35. 5-07345 (E)

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Human Rights Council Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

28/12. Question of the realization in all countries of economic,

social and cultural rights

The Human Rights Council,

Guided by the principles of economic, social and cultural rights enshrined in

international human rights instruments, including the Universal Declaration of Human

Rights and the International Covenant on Economic, Social and Cultural Rights,

Recalling that the Vienna Declaration and Programme of Action, the 2005 World

Summit Outcome and General Assembly resolution 60/251 of 15 March 2006, in which the

Assembly established the Human Rights Council, all affirm that all human rights are

universal, indivisible, interrelated, interdependent and mutually reinforcing and must be

treated in a fair and equal manner, on the same footing and with the same emphasis, and

recalling also that the promotion and protection of one category of rights should never

exempt States from the promotion and protection of the other rights,

Recalling also the United Nations Millennium Declaration, in which heads of State

and Government affirmed their commitment to spare no effort to promote democracy and

strengthen the rule of law and respect for all internationally recognized human rights and

fundamental freedoms, including the right to development,

Recalling further its resolutions on the question of the realization in all countries of

economic, social and cultural rights, and the resolutions adopted by the Commission on

Human Rights on the same topic,

Reaffirming the obligations and commitments to take steps, individually and through

international assistance and cooperation, especially economic and technical, to the

maximum of available resources with a view to achieving progressively the full realization

of economic, social and cultural rights by all appropriate means, including particularly the

adoption of legislative measures,

Underlining the efforts made to achieve internationally agreed development goals,

mindful that the unfinished work on the Millennium Development Goals should continue in

the post-2015 development agenda, and recognizing the crucial importance of giving due

consideration to economic, social and cultural rights in the elaboration of this agenda,

Underlining also the human rights principles of, inter alia, non-discrimination,

human dignity, equity, equality, universality and participation, as affirmed in international

human rights law and in the Vienna Declaration and Programme of Action, and

emphasizing that the rights enunciated in the International Covenant on Economic, Social

and Cultural Rights are to be realized in a non-discriminatory manner,

Recognizing that human rights and social protection floors complement each other,

and that social protection floors, when used as a baseline, have the potential to facilitate the

enjoyment of economic, social and cultural rights and to reduce poverty and inequality,

1. Calls upon all States to give full effect to economic, social and cultural rights

by, inter alia, taking all appropriate measures to implement the Human Rights Council

resolutions on the question of the realization in all countries of economic, social and

cultural rights, the most recent of which is resolution 25/11 of 27 March 2014;

2. Welcomes the two latest ratifications of the International Covenant on

Economic, Social and Cultural Rights, calls upon all States that have not yet signed and

ratified the Covenant to consider doing so as a matter of priority, and calls upon States

parties to consider reviewing their reservations thereto;

3. Also welcomes the six latest ratifications of the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights and encourages all States

that have not yet signed and ratified the Optional Protocol to consider doing so, and also to

consider making declarations under articles 10 and 11 thereof;

4. Takes note with appreciation of the report of the Secretary-General on the

question of the realization in all countries of economic, social and cultural rights, with a

special focus on the importance of social protection floors for the realization of economic,

social and cultural rights,1 submitted pursuant to Human Rights Council resolution 25/11,

and of the conclusions contained therein;

5. Recognizes that social protection policies play a critical role in realizing

economic, social and cultural rights for all, reducing poverty and inequality and supporting

inclusive growth;

6. Acknowledges that social protection floors may facilitate the enjoyment of

human rights, including the rights to social security, the highest attainable standard of

physical and mental health, an adequate standard of living, including adequate food,

clothing and housing, education and safe drinking water and sanitation, in accordance with

the human rights obligations of States, and in this regard underlines the importance of

compliance with the principles of non-discrimination, transparency, participation and

accountability;

7. Also acknowledges that the establishment and implementation of social

protection floors in accordance with the State’s obligations to promote, protect and fulfil

human rights may contribute to ensuring minimum essential levels and promoting the

progressive realization of economic, social and cultural rights, gender equality and the

protection of persons in a situation of vulnerability;

8. Encourages States to put in place social protection floors as part of

comprehensive social protection systems that will contribute to the enjoyment and

realization of human rights;

9. Underlines the importance of an effective remedy for violations of economic,

social and cultural rights, and in this regard takes note with appreciation of measures taken

to facilitate access to complaints procedures and the domestic adjudication of cases, as

appropriate, for victims of alleged human rights violations;

10. Welcomes the steps taken at the national level to implement economic, social

and cultural rights, including the enactment of appropriate legislation and adjudication by

national courts;

11. Reiterates that respect for and the promotion and protection of human rights

are an integral part of effective work towards achieving internationally agreed development

goals, and the importance of giving due consideration to equality, social protection and

accountability in the context of the realization of economic, social and cultural rights in the

elaboration of the post-2015 development agenda;

12. Notes with interest the work carried out by the Committee on Economic,

Social and Cultural Rights to assist States parties in fulfilling their obligations, including

through the submission of general comments, the consideration of periodic reports and, for

States parties to the Optional Protocol to the International Covenant on Economic, Social

and Cultural Rights, the examination of individual communications;

13. Also notes with interest the work of other relevant treaty bodies and special

procedures in the promotion and protection of economic, social and cultural rights within

their respective mandates;

14. Encourages enhanced cooperation and, as appropriate, increased coordination

between the Committee on Economic, Social and Cultural Rights and United Nations

bodies, specialized agencies and programmes, mechanisms of the Human Rights Council

and other human rights treaty bodies whose activities have a bearing on economic, social

and cultural rights in a manner that respects their distinctive mandates and promotes their

policies, programmes and projects;

15. Recognizes and encourages the important contributions of regional

organizations, national human rights institutions and civil society, including non-

governmental organizations, academic and research institutions, business enterprises and

trade unions to the question of the realization and enjoyment of economic, social and

cultural rights, including training and information activities;

16. Welcomes the activities carried out by the Office of the United Nations High

Commissioner for Human Rights on the promotion of economic, social and cultural rights,

mainly through technical cooperation, the work of its field offices, its relevant reports to

United Nations bodies, the development of in-house expertise, including on human rights

indicators, and its publications, studies, training and information activities on related issues,

including through new information technologies;

17. Requests the Secretary-General to continue to prepare and submit to the

Human Rights Council an annual report on the question of the realization in all countries of

economic, social and cultural rights under agenda item 3, with a special focus on a

compilation of best practices adopted by States to measure progress in the realization of

economic, social and cultural rights, including national indicators to advance the realization

of such rights;

18. Decides to remain seized of this issue and to consider taking further action in

order to implement the present resolution.

55th meeting

26 March 2015

[Adopted without a vote.]