Annex I: Letter dated 16 May 2012 addressed by the Chairperson of the
Committee on Economic, Social and Cultural Rights to States parties to the
International Covenant on Economic, Social and Cultural Rights 104
Reference: CESCR/48th/SP /MAB/SW
16 May 2012
Excellencies,
[1]
I write to you, on behalf of the Committee on Economic, Social and Cultural Rights
(the Committee), as representatives of States parties to the International Covenant on
Economic, Social and Cultural Rights (the Covenant) and in relation to the protection of the
Covenant rights in the context of the economic and financial crisis.
[2]
The Committee has observed over recent years the pressure on many States parties to
embark on austerity programmes, sometimes severe, in the face of rising public deficits and
poor economic growth. Decisions to adopt austerity measures are always difficult and
complex, and the Committee is acutely aware that this may lead many States to take decisions
with painful effects, especially when these austerity measures are taken in a recession.
[3]
However, I wish to underline that under the Covenant all States parties should avoid at
all times taking decisions which might lead to the denial or infringement of economic, social
and cultural rights. Besides being contrary to their obligations under the Covenant, the denial
or infringement of economic, social and cultural rights by States parties to the Covenant can
lead to social insecurity and political instability and have significant negative impacts, in
particular, on disadvantaged and marginalized individuals and groups, such as the poor,
women, children, persons with disabilities, older persons, people with HIV/AIDS, indigenous
peoples, ethnic minorities, migrants and refugees. In view of the indivisibility,
interdependence and interrelatedness of human rights, other human rights also are threatened
in this process.
[4]
States parties have, of course, a margin of appreciation within which to set national
economic, social and cultural policies that respect, protect and fulfil the Covenant. In this
context, I wish to highlight that the Covenant also provides important guideposts which can
help States parties to adopt appropriate policies that deal with the economic downturn while
respecting economic, social and cultural rights. At the heart of the Covenant is the obligation
on States parties to respect, protect and fulfil economic, social and cultural rights
progressively, using their maximum available resources. This requires States to adopt and
implement laws and policies that aim to achieve incremental improvements in universal
access to basic goods and services such as health care, education, housing, social security and
cultural life.
[5]
Economic and financial crises and a lack of growth impede the progressive realization
of economic, social and cultural rights and can lead to regression in the enjoyment of those
rights. The Committee realizes that some adjustments in the implementation of some
104
UN Doc HRC/NONE/2012/76 (paragraph numbers added in square brackets).
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