Chapter 1 | Page 31
provisions remains poorly met.83 These key developmental challenges will be
discussed in more detail in the case studies.
1.5 SIGNIFICANCE OF THE RESEARCH AND
CONTRIBUTIONS TO SCHOLARSHIP
In recent years, there has been increased attention among academics and
human rights advocates to ESC rights,84 which has highlighted the need for
greater clarity on the difficult concepts at the heart of the ESC rights policy.
The coming into force of the Optional Protocol on the ICESCR in May 2013
was another important milestone in ESC rights promotion and protection which
heightened interest in this topic. The Optional Protocol establishes three main
mechanisms for bringing cases of violation of ESC rights before the ESCR
Committee: an individual complaints mechanism; an inter-State complaints
mechanism; and an inquiry procedure that the ESCR Committee can initiate.85
Once these mechanisms begin to be used widely, it is hoped that, more
attention will be given to ESC rights realisation by governments and
policymakers, in addition to scholars and advocates.
Despite these developments, the voices of poor and marginalised individuals
in both developing and developed countries attest to the serious
dispossession of these fundamental rights on a daily basis.86 This is
particularly alarming given the ample capacity of the global community (either
83
Human Rights Commission of Maldives, Rapid Assessment of the Housing Situtation in
the Maldives (HRCM, Male', Maldives, 2008), <http://hrcm.org.mv/publications/
otherreports/HousingAssesmentDhiv.pdf>.
84
For example see, Amnesty International, Human rights for human dignity: A primer on
economic, social and cultural rights (Amnesty International, London, 2014),
<http://globalinitiative-escr.org/wp-content/uploads/2014/11/AI_ESCR_
PRIMER_FINAL.pdf>.
85
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
opened for signature 5 March 2009, General Assembly Res No A/RES/63/117 (entered
into force 5 May 2013).
86
For example, Deepa Narayan, Can Anyone Hear Us ?: Voices From 47 Countries
(Poverty Group, PREM and World Bank, 1999), <http://siteresources.worldbank.org/
INTPOVERTY/Resources/335642-1124115102975/1555199-1124115187705/vol1.pdf>,
Also see the other reports in the World Bank project “Voice of the Poor”.
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