Towards broadening enforcement of second generation of human rights: The optional protocol to the International Covenant on Economic, Social and Cultural Rights.

摘要

According to the International Law all human rights are indivisibles and equally importants, but there are still important differences in the way they are enforced. In such sense, we have made a research about the possibility of strengthening the supervision system of the International Covenant on Economic, Social and Cultural Rights by an Optional Protocol that establishes a communication process. This research is supported on three points: The justiciability of economic, social and cultural rights, the indivisibility of all human rights and the full realization and respect of the human dignity as the ultimate fundament of any human rights.; The thesis has five chapters. The first one studies the historical evolution of these rights until today when the international community has realized the necessity of improving its supervision system. Secondly, we explain why these rights have to be protected in the same manner as civil and political rights. This subject takes us trough the current philosophical conception of second generation of human rights in the United Nations. Thirdly, we analyze if the economic, social and cultural rights are legally justiciables.; Considering the above, we arrive to the core of the research focused on the possible establishment of a communication process to the Covenant. Hence, the fourth chapter works on the development of the supervision mechanisms towards a profile more cuasijurisdictional just like the supervision mechanism of the international Covenant of Civil and Political Rights. Inside this evolution, the project of an Optional Protocol published by the Economic, Social and Cultural Rights Committee of the United Nations seems to be an useful juridical tool to improve it, although it is a development strongly influenced by troubles in their ideological context as well as in their legal capacity of justiciability.; Finally, we consider the particular issues of the Optional Protocol above mentioned with other communication processes established in different human right covenants. Therefore we deal with many controversial points, such as: who would be allowed to present the communication? What would it be the scope of rights of the covenant under the supervision of this communication process?.. and so on.