사회권규약선택의정서의 내용과 의미에 관한 소고

초록

On December 10th, 2008, on the 60th Anniversary of the Universal Declaration of Human Rights, the United Nations adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The adoption of the Optional Protocol represents an historic advance for human rights. Forty-two years after a similar mechanism was adopted for civil and political rights, those who suffer from violations of their economic, social and cultural rights are finally given equal status in the UN human rights system. Their right to an effective remedy is recognized. The Optional Protocol is important because it provides victims of economic, social and cultural rights violations who are not able to get an effective remedy in their domestic legal system with an avenue to get redress. It corrects the longstanding imbalance in the protection of human rights which marginalised economic, social and cultural rights. Having an international complaint mechanism will also help develop the content of ESC rights and related States’ obligations, as well as give guidance to national courts and human rights institutions. Considering the above importance, the author will endeavor to analyze the historical background of the Protocol, its main provisions, its historical meanings and limitations in this article.

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