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E/C.12/GBR/CO/6 C. Principal subjects of concern and recommendations Justiciability of economic, social and cultural rights 5. While the Committee takes note of the State party’s views on the incorporation of the Covenant rights into the domestic legislation, the Committee regrets that the Covenant rights cannot be applied directly by domestic courts, which may restrict access to effective legal remedies for violations of Covenant rights. 6. The Committee recalls its previous recommendation (see E/C.12/GBR/CO/5, para. 13) and urges the State party to fully incorporate the Covenant rights into its domestic legal order and ensure that victims of violations of economic, social and cultural rights have full access to effective legal remedies. The Committee draws the attention of the State party to its general comment No. 9 (1998) on the domestic application of the Covenant. Devolved administrations 7. While noting the complex structure of the State party, with devolved administrations in Wales, Scotland and Northern Ireland, as well as its responsibility with regard to the British Overseas Territories and the Crown Dependencies, the Committee regrets the lack of involvement and participation of Northern Ireland in the review process and the limited information available on the enjoyment of economic, social and cultural rights in the British Overseas Territories and the Crown Dependencies (art. 2). 8. In line with its previous recommendation (see E/C.12/GBR/CO/5, para. 12), the Committee reminds the State party of its ultimate responsibility for the implementation of the Covenant in all its jurisdictions, including the British Overseas Territories and Crown Dependencies, and recommends that the State party take all necessary measures to ensure the full enjoyment of economic, social cultural rights by all persons under its jurisdiction. Bill of rights 9. The Committee takes note of the concern raised by national stakeholders with regard to the announced plan to replace the Human Rights Act 1998 with a new British bill of rights that the new legislation may lower the status of international and regional human rights standards, including on economic, social and cultural rights, in the State party. The Committee regrets that a bill of rights for Northern Ireland has not yet been adopted, as provided by the Belfast (Good Friday) Agreement. 10. The Committee recommends that the State party undertake a broad public consultation on its plan to repeal the Human Rights Act 1998 as well as on the proposal for a new bill of rights. It also recommends that the State party take all necessary measures to ensure that any new legislation in this regard is aimed at enhancing the status of human rights, including economic, social and cultural rights, in the domestic legal order and that it provide effective protection of those rights across all jurisdictions of the State party. The Committee recalls its previous recommendation (see E/C.12/GBR/CO/5, para. 10) and urges the State party to take all necessary measures to expedite the adoption of a bill of rights for Northern Ireland. Business and economic, social and cultural rights 11. The Committee welcomes the adoption of the National Action Plan on Business and Human Rights. However, the Committee is concerned about the lack of a regulatory framework to ensure that companies operating in the State party, as well as companies 2

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Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland

Concluding Observations

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Country

United Kingdom

Rights Involved

Right to adequate housing
Right to adequate standard of living
Right to education
Right to food
Right to health
Right to social security
Right to water and sanitation
Right to work
Rights of migrants/non-citizens
Rights of older persons
Rights of persons with disabilities
Rights of the child
Rights of women and girls

Issue

Accountability
Extraterritorial obligations
Non-discrimination
Participation
Progressive realization
Resource allocation
Resource generation

International Human Rights Body

Committee on Economic, Social and Cultural Rights

Date: Jul 14, 2016

Summary: In their Concluding Observations of the United Kingdom of Great Britain and Northern Ireland, the CESCR provides recommendations to the State party to take measures to promote non-discrimination, gender equality, and the range of ESCR. On tax policy, the Committee recommends that the State party: (a) Conduct a human rights impact assessment of the recent changes introduced to its fiscal policy; (b) Ensure that its fiscal policy is adequate, progressive and socially equitable and improves tax collection so as to increase resources available for implementing economic, social and cultural rights; (c) Take strict measures to tackle tax abuse, in particular by corporations and high-net-worth individuals; (d) Intensify its efforts, in coordination with its Overseas Territories and Crown Dependencies, to address global tax abuse. On austerity, the Committee reminds the State party of its obligations under the Covenant to use the maximum of its available resources with a view to progressively achieving the full realization of economic, social and cultural rights. The Committee recommends that the State party review its policies and programmes introduced since 2010 and conduct a comprehensive assessment of the cumulative impact of these measures on the enjoyment of economic, social and cultural rights by disadvantaged and marginalized individuals and groups, in particular women, children and persons with disabilities, that is recognized by all stakeholders.

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E:C.12:GBR:CO:6.pdf
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Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland

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