E/C.12/VEN/CO/3
(b)
The Labour and Workers Act, in April 2012;
(c)
The Education Act, in August 2009;
(d)
The Indigenous Languages Act, in May 2008;
(e)
The Act on the Promotion of Breastfeeding, in September 2007.
5.
The Committee takes note with satisfaction of the progress made by the State
party in combating poverty and reducing inequality. The Committee also welcomes the
huge progress made by the State party in the fight against malnutrition through the
expansion of the school meals programme and the food allowance for low-income
families.
6.
The Committee takes note with satisfaction of the Venezuelan delegation ’s
commitment that, despite the economic difficulties caused by, among other reasons,
the fall in oil revenues, the State party will continue to make every effort to prevent
the situation from affecting social investment and the progressive realization of
economic, social and cultural rights.
C.
Main subjects of concern and recommendations
Justiciability of Covenant rights
7.
The Committee takes note of the information provided by the State party on the
application of the rights contained in the Covenant by the national courts. However,
the Committee is concerned that those rights are not applied consistently and tha t,
according to reports received, in some cases the Supreme Court has ruled that
economic, social and cultural rights do not fall within the scope of judicial protection.
The Committee recommends that the State party guarantee the applicability of
all rights under the Covenant and that it take the necessary steps to raise
awareness of the content of the Covenant rights and their justiciability, in
particular among judges, lawyers and law enforcement officials, as well as among
members of the National Assembly and other actors responsible for the
implementation of the Covenant, and among rights holders. The Committee also
draws the State party’s attention to its general comment No. 9 (1998) on the
domestic application of the Covenant and encourages it to ratify the Optional
Protocol to the Covenant.
Denunciation of the American Convention on Human Rights
8.
The Committee takes note of the State party’s denunciation of the American
Convention on Human Rights and is concerned that it might affect the effective
protection of economic, social and cultural rights in the State party.
The Committee urges the State party to reconsider rejoining the protection
system under the American Convention on Human Rights.
Rights of indigenous peoples
9.
While the Committee notes with satisfaction that the right of indigenous peoples
to be consulted is recognized in the State party’s legal system, it is concerned by
reports received that consultations with indigenous peoples are not held regularly and
with full guarantees, in particular when granting concessions for the exploration and
development of natural resources (art. 1, para. 2).
2/10
GE.15-11219