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Economic, Social and Cultural Rights is not the
'Secondary Rights'
19 December, 2007
 A
seminar on "Realizing Economic, Social and Cultural Rights
(ESCR)" was jointly organised by Rural reconstruction
of Nepal (RRN), International Commission of Jurists (ICJ)
and Action Aid Nepal (ANN) today in Kathmandu. The participants
of the seminar suggested that, the government needs to be
accountable to its actions/inactions with regard to ESCRs
and punish its violators. Government should take concrete
steps to respect, protect and fulfill these rights as a state
party of the International Covenant on ESCR.
Mr Gauri Pradhan, member of the Natioanl
Human Rights Commission stressed on the role of the civil
society to work by pressurizing and partnership with the government
to achieve the goals of social economic and cultural rights
especially this juncture where Nepal is going though a transition
to a peaceful, democratic Nepal. Former Chief Justice of India
Mr. P.N. Bhagabati, who is well known for his supreme court
decision on liberation of bonded labour, delivered the keynote
speech. He compared the Nepalese situation and the role of
NGOs with that of India.
The program today, highlighted not only
on the need to ratify these rights but also discussed international
experiences and the need to make the government obliged to
take steps for these rights in a non-discriminatory way. Nepal
being a party to the International Covenant on ESCR has already
submitted 2 periodic reports to the UN Committee on Economic,
Social and Cultural Rights. The UN Committee on ESCR, in response
to these reports has recommended that the government of Nepal
improve effective access to judicial and administrative remedies
in cases of alleged violations of the prohibition of discrimination
based on caste and discrimination against women. The Committee
also made recommendations for the government to take effective
measures in relation to victims of domestic violence, child
labour, the right to food, access to water, the right to housing,
the right to health and the right to education. In this context,
the seminar has explored how these rights and others might
be better realized as legally enforceable rights in Nepali
legal system by reference to international standards and experience
in other parts of the world.
There were four plenary sessions on the
conceptual understanding of ESCR, its justiciability with
special focus on the right to health to the highest attainable
standard and the right to food and its integration into the
constitution. The seminar was attended by government officials,
representatives from civil society organizations and members
of the international community. The program was chared by
Dr. Sarba Raj Khadka, Director of Rural Reconstruction Nepal
(RRN).
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