Optional protocol to the International Covenant on Economic, Social and Cultural Rights

Sub-Commission on Human Rights resolution 2001/6


The Sub-Commission on the Promotion and Protection of Human Rights,

Guided by the principles relating to economic, social and cultural rights enshrined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights,

Reaffirming the need to reinforce the realization of economic, social and cultural rights through the provision of adequate mechanisms and remedies when they are violated,

Recalling its call for the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to consider communications from individuals made in its resolution 1996/13 of 23 August 1996,

Recalling also its resolution 2000/9 of 17 August 2000 in which it suggested that the Commission on Human Rights should establish an open-ended working group entrusted with the further study of a draft optional protocol and decided to monitor progress towards the further elaboration and the adoption of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights,

Noting the comments made in 2000 by States and intergovernmental and non-governmental organizations on the report of the Committee on Economic, Social and Cultural Rights on a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights (E/CN.4/1997/105, annex) and on the options relating to the proposal for a draft optional protocol contained in the reports of the United Nations High Commissioner for Human Rights (E/CN.4/2000/49),

Welcoming the report of the High Commissioner for Human Rights on the workshop on the justiciability of economic, social and cultural rights, with particular reference to the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights, held on 5 and 6 February 2001 (E/CN.4/2001/62/Add.2),

Welcoming also the decision of the Commission on Human Rights in resolution 2001/30 of 20 April 2001 to appoint an independent expert to examine the question of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights,

Considering, however, that an inter-sessional open-ended working group of the Commission on Human Rights is the appropriate mechanism to examine the question of a legally binding instrument such as a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights,

1. Urges the Commission on Human Rights to give high priority to the consideration of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights to consider communications from individuals;

2. Reiterates its suggestion that the Commission on Human Rights establish at its fifty-eighth session an inter-sessional open-ended working group entrusted with the further study of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights;

3. Decides to continue to follow progress towards the further elaboration and the adoption of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights at its fifty-fourth session under the same agenda item.



25th meeting
15 August 2001
[Adopted without a vote. ]


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