RES/31/5 Question of the realization in all countries of economic, social and cultural rights

Human Rights Council Thirty-first session

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2016

31/5. 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 the 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 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,

United Nations A/HRC/RES/31/5

Welcoming the initiatives undertaken to commemorate the fiftieth anniversary of the

signing of the International Covenant on Economic, Social and Cultural Rights in 2016,

Recalling the commitment included in the International Covenant on Economic,

Social and Cultural Rights to ensure the equal right of men and women to the enjoyment of

all economic, social and cultural rights set forth in the Covenant,

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,

Welcoming the adoption of the 2030 Agenda for Sustainable Development by the

General Assembly in its resolution 70/1 on 25 September 2015, in which the Assembly

adopted a comprehensive, far-reaching and people-centred set of universal and

transformative sustainable development goals and targets, and aiming to contribute to full

implementation of the Agenda by 2030,

Welcoming also the Addis Ababa Action Agenda of the Third International

Conference on Financing for Development, adopted by the General Assembly in its

resolution 69/313 on 27 July 2015, which is an integral part of the 2030 Agenda for

Sustainable Development, supports and complements it and helps to contextualize its

means of implementation targets with concrete policies and actions, and which reaffirmed

the strong political commitment to address the challenge of financing and creating an

enabling environment at all levels for sustainable development in the spirit of global

partnership and solidarity,

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 28/12 of 26 March 2015;

2. Calls upon all States that have not yet signed and ratified the International

Covenant on Economic, Social and Cultural Rights to consider doing so as a matter of

priority, and States parties to consider reviewing their reservations thereto;

3. Welcomes the more recent ratification 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. 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;

5. 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 methodologies used at the national level to measure the realization of

economic, social and cultural rights, submitted pursuant to Human Rights Council

resolution 28/12,1 and of the conclusions contained therein;

1 A/HRC/31/31.

6. Recognizes that reliable information and disaggregated data are important for

the assessment of progress or regression in the realization of economic, social and cultural

rights, and can help to support the development of laws, policies and programmes to help

States to meet their human rights obligations;

7. Acknowledges the importance of assessing progress in the realization of

economic, social and cultural rights, and that human rights measurement can contribute

positively to the implementation by States of their obligations, including in the context of

their interaction with international human rights mechanisms regarding their obligations,

inter alia, with the treaty bodies and the universal periodic review;

8. Also acknowledges that systematic and coherent national mechanisms for

assessing progress in respect of each State on the realization of economic, social and

cultural rights, when fully in line with international human rights law principles and

standards, can make policies, programmes and budgeting processes more efficient and help

to improve State reporting on their implementation of those human rights obligations;

9. Urges States to consider adopting or further developing procedures for

information gathering and measurement, which may, if analysed in the light of international

human rights law principles and standards, serve as national indicators for State decision-

making processes, and are transparent, participatory and allow for accountability;

10. 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;

11. 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;

12. Recognizes that the 17 Sustainable Development Goals and 169 targets seek

to, inter alia, realize the human rights of all and to achieve gender equality and the

empowerment of all women and girls, and that they are integrated and indivisible and

balance the three dimensions of sustainable development, namely, the economic, the social

and the environmental;

13. 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 issuance 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;

14. 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;

15. 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;

16. 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;

17. 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;

18. 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 the

realization of economic, social and cultural rights in the implementation of the 2030

Agenda for Sustainable Development;

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

order to implement the present resolution.

62nd meeting

23 March 2016

[Adopted without a vote.]