Article 12 of the International Covenant on Economic, Social and Cultural Rights
Protection and assistance for the family
The right to a good health, education and welfare is an important component of family life. The state must provide policies and strategies that support the development and well-being of the family. It must also promote family independence and the development of children. This right includes a mother’s right to adequate medical attention and to an appropriate spacing for children.
States Parties to the Covenant recognize the right of every human being to an adequate standard of life, including food, clothing, housing, and the opportunity for continuous improvement. They will take appropriate measures to make this right a reality. The Covenant requires that such steps are based on free consent.
The Covenant also states that “the state shall respect the right of parents and other legal guardians to raise and educate their children according to their religion or culture”. Further, every individual shall enjoy the right to freedom of opinion and expression, which includes the freedom to seek information, to impart ideas, and to use any medium for such purpose.
The Committee shall study and report on the implementation of the present Covenant. It shall submit its findings to the General Assembly of the United Nations through the Economic and Social Council. States Parties may also submit observations to the Committee. This report shall be submitted annually.
The ICESCR addresses gender-based violence and the state’s responsibility to end it. It also addresses direct and indirect discrimination on the basis of sex.
Protection and assistance for children and young persons
The International Covenant on Economic Social and Cultural Rights (ICCPR) provides protection and assistance for children and young people from exploitation and deprivation. Its provisions require all states to implement legislation to guarantee that their citizens can fully enjoy these rights. But implementing laws alone is not enough. States must also take administrative, judicial, and social measures to ensure that these rights are properly exercised by all citizens.
The Committee also provides for periodic reporting, starting two years after the Covenant’s entry into force. The purpose of this reporting process is to determine whether States have implemented the Covenant norms in their countries. In assessing the compliance with the Covenant, the Committee seeks to establish constructive dialogue with States Parties to ensure that its provisions are being implemented.
Moreover, the Committee on Economic, Social and Cultural Rights meets at least twice a year. Its members are experts in various fields. A chairperson and three vice-chairpersons are appointed to represent the Committee. The Committee also has a rapporteur.
The Committee on Economic, Social, and Cultural Rights notes that “adequacy of food and water are essential to a person’s health.” The Committee also notes that children and young people have the right to an adequate standard of living. Ensuring that their basic needs are met is crucial to preventing poverty and social injustice. The Committee also recommends that states enact laws that prohibit paid child labour.
The international Covenant on Economic, Social, and Cultural Rights provides legal framework for protecting the basic human rights of individuals. It was adopted by the United Nations General Assembly on 16 December 1966. It is one of two international treaties that make up the ‘International Bill of Human Rights’. These rights cover education, work, and cultural freedom.
Protection and assistance for persons with disabilities
Article 12 of the UNCRPD protects persons with disabilities and emphasizes their right to assistance. This right covers access to public services, affordable housing, and supports for their disability-related needs. It also mandates states to consult and involve persons with disabilities in decision-making processes.
Article 12 also focuses on the principle of equal recognition and assistance before the law. It states that every state should provide support to persons with disabilities, including legal assistance, and those who assist them must act in their best interests. In addition, people with disabilities should not be subject to discrimination.
Under the ICESCR, States Parties will make periodic reports to the United Nations on their progress in implementing the Covenant. The reports will include recommendations of a general nature and a summary of information provided by States Parties. The reports will also provide information on any difficulties in meeting the obligations under the Covenant.
The present Covenant is open to signature by any State Party to the United Nations, specialized agencies, States Party to the Statute of the International Court of Justice, or other states invited by the General Assembly. It is subject to ratification by the signatory States, whose instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 12 of the International Covenant on Economic Social And Cultural Rights provides protection and assistance for persons with a disability and their families. States parties to the present Covenant recognize the right of every person to work and to earn a living through their choice of work. They undertake to implement measures to achieve full realization of this right, including technical guidance and vocational training programmes. These measures must be complemented by policies that promote economic, social, and cultural development.
Protection and assistance for individuals with disabilities
The International Covenant on Economic, Social and Cultural Rights (ICESCR) provides legal protection for ESCR. The provisions of this treaty vary between countries and among international human rights instruments. Of all the treaties that provide protection for ESCR, the International Covenant on Economic, Social and Cultural Rights is the most comprehensive and widely applicable. Currently, 168 of the 193 United Nations member states have ratified the ICESCR. It is monitored by the UN Committee on Economic, Social and Cultural Rights.
The present Covenant requires States Parties to furnish reports on the progress of implementing its provisions. These reports are to be provided in phases. Within one year of entry into force, the Economic and Social Council shall establish a programme based on the results of the consultations with the States Parties. The reports will include details of measures adopted by States Parties and progress achieved. They may also contain information on factors that affect fulfilment of the obligations under the Covenant. These reports shall be submitted to the General Assembly for approval.
The right to social security complements many Covenant rights, including the right to an adequate standard of living. States must provide social services for rehabilitation of the injured, child care and welfare, advice on family planning, special facilities for elderly individuals, and other measures to combat poverty and social exclusion.
Every child should have the right to grow under parental protection. Children under the age of six should not be separated from their mothers, and they must receive free and compulsory education and higher education. Furthermore, each child should have access to social organizations that help them improve their quality of life.
Protection and assistance for people with disabilities
The Covenant recognizes the need for countries to improve the living and working conditions of people with disabilities. According to the UN, around 500 million people with disabilities live around the world. Seventy percent of them live in developing countries, and they face limited access to services. The Covenant is an important tool for developing countries to improve the situation of people with disabilities. While the means that countries use to ensure full realization of these rights will vary from country to country, the Covenant requires that all state parties promote inclusiveness, access to appropriate services, and a commitment to ensuring equal rights.
The Covenant also recognizes that all human beings are born free and equal. Moreover, the provisions of the Covenant apply to every member of society, including those with disabilities. States parties must take appropriate measures to ensure full implementation of these rights, including addressing discriminatory legislation and ensuring appropriate budgetary provision. In addition, states parties must seek international assistance for implementation of these rights.
The Economic and Social Council may also refer issues to other UN organs and specialized agencies for their consideration. The council can also submit reports containing general recommendations and summaries of information provided by States Parties to the present Covenant. These reports will help other bodies assess the observance of these rights. This information is particularly useful when it comes to addressing discrimination.
The UNCRPD recognizes the right to housing for people with disabilities. This right includes adequate housing and accessible facilities. In addition, states parties should ensure that their laws do not hinder the realization of the rights of people with disabilities.
