Chapter 2 | Page 82
This require States to identify benchmarks or goals against which their
performance is assessed. Whereas the substantial rights set out in Part III form
the core of the Covenant in terms of State obligations to respect, protect and
fulfil, the procedural aspects outlined in Part IV identify reporting obligations
as a basic tool to assist States parties to fulfil their obligations and for the
ESCR Committee to monitor State compliance.
Critical analysis of the existing situation with regard to ESC rights is an
essential step towards promoting these rights. The reporting process aims,
among other things, to provide ‘the basis for the elaboration of clearly stated
and carefully targeted policies’, to facilitate public scrutiny of government
policies and to encourage ‘the involvement of various economic, social and
cultural sectors of society in formulation, implementation and review of the
relevant policies’.188 The Committee also recognised that reporting serves the
purpose of providing a comprehensive review with respect to national
legislation, administrative rules and procedures, and practices, as well as
monitoring the actual situation with regard to each right on a regular basis.189
The process of monitoring State reports was initially carried out by the
Economic and Social Council (ECOSOC) through its Sessional Working
Group on the Implementation of the ICESCR. Beginning in 1982, work was
carried out by the Sessional Working Group of Government Experts on the
Implementation of the International Covenant. The supervision mechanism
was strengthened in 1985 through the establishment of the ESCR Committee
under ECOSOC.190
The ESCR Committee requires States parties to include information on
progress over time, using qualitative and quantitative processes and data to
provide an adequate assessment of progress that can be used to better
understand the problems and shortcomings of their own effort. In this context,
188
Ibid., [4] [5].
189
Ibid., [1] [2] [3].
190
The Committee on Economic, Social and Cultural Rights, Monitoring the economic, social
and cultural rights <http://www.ohchr.org/EN/HRBodies/CESCR/Pages
/CESCRIntro.aspx>; Saul, Kinley and Mowbray, above n 7, 4.
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