The 'Reasonableness' Test: AssessingViolations of State Obligations under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is the first complaint mechanism of a core human rights treaty to specify a standard of review to be used in the assessment of alleged violations-providing for a `reasonableness' test in Article 8(4). Questions remain as to how the Committee on Economic, Social and Cultural Rights will approach the provision, which was one of the most controversial elements in the drafting of the Optional Protocol and is bound to be a contentious focal point in the dialogue between the Committee and States. This article examines the drafting history of Article 8(4), its key differences from the other `reasonableness' tests alluded to during negotiations, how the Committee should apply the provision, and the normative obligations under the Covenant that must guide its application.