Adjudication of ESCR

ESCR-Net's work on Adjudication of Economic, Social and Cultural Rights (ESCR) seeks to provide a space for organizations, individual advocates, and academics to share resources and information, to discuss key issues and potential responses, and to explore possibilities for collective efforts to support the effective implementation of economic, social and cultural rights.  ESCR-Net's current projects in this area are described below.

We welcome you to join the Adjudication of ESCR Listserv by sending an email to ESCR-JUST-subscribe@yahoogroups.com.  (There is also a parallel discussion group in Spanish, which you are welcome to join by sending an email to DESC-JUST-ESP-subscribe@yahoogroups.com). We encourage you to use these lists actively to share information, requests for solidarity, or possibilities for collective work.

CURRENT PROJECTS AND EMERGING ISSUES  

Enforcement of ESCR Judgments Project (click here for more information)

The failure of authorities to speedily implement some judgements covering ESC rights was noted as a major concern in the discussions held at the International Strategy Meeting on ESCR in December 2008. Generally, although there has been an increase in positive judgments on human rights issues, domestic implementation and enforcement of these decisions have fallen short. It is critical that a strategy supporting implementation of these positive decisions be devised and executed to fill this gap between theory and practice. This project is being co-organized with Centro de Estudios de Derecho, Justicia y Sociedad - DeJusticia, in Colombia and the Social and Economic Rights Programme of the Norwegian Centre for Human Rights at the University of Oslo.

Read more about this project.

Strategic Litigation Project in Support of the OP-ICESCR (click here for more information)

With the recent adoption of the Optional Protocol to ICESCR, there would soon be a need to support good cases at the domestic level that could be potentially taken forward under the new complaint mechanism in order to render positive precedents and provide attention to the process. The objective of this project is to enhance collaborative efforts and shared strategies in the use of the OP-ICESCR, support organisations in countries that have ratified the OP-ICESCR to begin bringing cases forward and provide assistance and promote collaboration in the development of strategies and arguments. This project is being jointly organized with the NGO Coalition for an OP-ICESCR and the Social and Economic Rights Programme of the Norwegian Centre for Human Rights at the University of Oslo.

Litigation Support Forum

There is a need to build capacity and facilitate reciprocal support among groups in ESCR litigation processes. Amicus curiae can provide a useful advocacy and educational tool within national and international adjudicatory processes and also build solidarity and knowledge between organisations and litigants. It is also a particularly important strategy in those jurisdictions where judges are reticent to intervene in these types of claims.

Case Law Database

 The Caselaw Database on ESCR is a collaborative project developed under the leadership of the Centre for Legal and Social Studies (CELS) in Argentina; the Geneva-based Centre on Housing Rights and Evictions (COHRE) ; Center for the Study of Law, Justice and Society (DeJusticia), in Colombia; the Social Rights Advocacy Centre (SRAC) in Canada, Malcolm Langford at the Norwegian Centre for Human Rights and Aoife Nolan at University of Durham, and in collaboration with many other groups and individuals working to advance economic, social and cultural rights (ESCR) throughout the world. 

In 2009, ESCR-Justice, a monthly case law update was developed which highlights an important economic, social or cultural rights case that has been added to the Caselaw Database. It is available in English, French and Spanish. (Insert Picture)

Please contact Rebecca Brown (rbrown@escr-net.org) or write to the Adjudication listserv if you:

• Would like more information or are interested in getting involved in these projects
• Have additional information to provide
• Know of other important cases that should be added
• Want to share new strategies to adjudicate ESCR, or
• Have proposals for joint actions and projects on ESCR adjudication