OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS. COMMUNICATIONS FROM INDIVIDUALS: THE CORNERSTONE OF THE INSTRUMENT

On 10 December 2008, General Assembly proceeded to adopt the (First) Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which establishes as key procedure the competence of the Committee to receive and review communications from individuals or groups of individuals claiming to be victims of any of the rights set forth in the Covenant. The Protocol provides for other monitoring mechanisms subject to express acceptance (opting in) to ensure compliance, namely the submission of inter-state communications and a confidential inquiry procedure in cases of grave or systematic violations of economic, social or cultural rights. Furthermore, it is envisaged the possibility to trigger complementary measures of international assistance and cooperation, Trust Fund included, with the consent of the State concerned. A certain frustration may nonetheless be felt at the fact that, in four years since its adoption, the Protocol has not yet received the tenth instrument of ratification or accession required to entry into force, being Spain, on 1 October 2012, the only Western European state listed among the Contracting States.