UNITED

NATIONS

 

E

 

 

Economic and Social

Council

 

 

 

 

Distr.

GENERAL

 

E/C.12/GBR/CO/5

12 June 2009

 

Original:  ENGLISH

 

COMMITTEE ON ECONOMIC, SOCIAL

AND CULTURAL RIGHTS

Forty-second session

Geneva, 4-22 May 2009

 

 

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT

 

Concluding observations of the Committee on Economic, Social and Cultural Rights

 

United Kingdom of Great Britain and Northern Ireland, the Crown Dependencies and the Overseas Dependent Territories

 

1.  The Committee on Economic, Social and Cultural Rights considered the combined fourth to fifth periodic report of the United Kingdom of Great Britain and Northern Ireland, the Crown Dependencies and the Overseas Dependent Territories on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/GBR/5) at its 14th, 15th and 16th meetings, held on 12 and 13 May 2009 (E/C.12/2009/SR.14-16), and adopted, at its 26th and 27th meetings held on 20 and 22 May, respectively, the following concluding observations.

 

A.  Introduction

 

2.  The Committee welcomes the submission of the combined fourth to fifth periodic report of the State party, which was generally in conformity with the Committee’s guidelines and contained explicit references to the implementation of the Committee’s previous concluding observations. The Committee also welcomes the written replies to its list of issues (E/C.12/GBR/Q/5/Add.1), and the open and constructive dialogue held with the delegation of the State party, which included representatives from various government departments with expertise on the subjects covered by the Covenant, including from Scotland and Wales, while noting the absence of representatives from Northern Ireland, the Crown Dependencies and the Overseas Dependent Territories.

 

3.  The Committee notes with appreciation the involvement of the national human rights institutions and some non-governmental organizations in the process of preparation of the State party’s report and encourages the State party to establish an institutional framework for future cooperation with national human rights institutions and civil society in the preparation of its reports to the Committee and the follow-up.

 

B.  Positive aspects

 

4.  The Committee welcomes the establishment of national human rights institutions in the State party, namely the Equality and Human Rights Commission, the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission.

 

5.  The Committee welcomes the launching of the Green Paper “Rights and responsibilities: developing our constitutional framework” and the ensuing public consultation on a Bill of Rights and Responsibilities.

 

6.  The Committee notes with appreciation the introduction of an Equality Bill, which aims at streamlining the existing equality legislation and extending protection from discrimination in other areas such as age and sexual orientation, as well as the establishment of a range of institutions to address equality issues such as the Panel on Judicial Diversity and the Panel on Fair Access to the Professions.

 

7.  The Committee welcomes the measures adopted by the State party which contribute to the implementation of the Covenant rights, which inter aliahave led to a decreased number of children living in poverty, improved conditions of work, and enhanced overall levels of health. It notes with appreciation the various legislative and policy reforms undertaken, including the Homelessness etc. (Scotland) Act 2003, the Childcare Act 2006, and the National Health Service Constitution (final text published on 21 January 2009).

 

8.  The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2005.

 

9.  The Committee acknowledges the State party’s commitment to achieve by 2013 the granting of 0.7 per cent of its GDP as official development assistance in accordance with internationally agreed policies.

 

10.  The Committee notes the draft Bill of Rights for Northern Ireland, which includes economic, social and cultural rights which are justiciable, and calls for its enactment without delay.

 

 

C. Factors and difficulties impeding the implementation of the Covenant

 

11.  The Committee notes the absence of any significant factors or difficulties impeding the effective implementation of the Covenant in the State party.

 

D.  Principal subjects of concern and recommendations

 

12.  The Committee is concerned, even though it takes note of the State party’s structure of government, with devolved administrations in Northern Ireland, Scotland and Wales, and separate government structures in the Overseas Territories and Crown Dependencies, about the lack of a national strategy to implement the Covenant. It is also concerned about the limited availability of information regarding the implementation of the Covenant in the Overseas Territories and Crown Dependencies.

 

Bearing in mind that it is that State party which is responsible for the implementation of the Covenant in all its territories, the Committee urges the State party to ensure the equal enjoyment of the economic, social and cultural rights by all individuals and groups of individuals under its jurisdiction, and recommends that the State party adopt a national strategy for the implementation of the Covenant throughout the State party’s territories.

 

13.  The Committee reiterates the concern it expressed in its previous concluding observations that, despite the adoption of a wide range of laws with regard to economic, social and cultural rights, the Covenant has still not been incorporated into the domestic legal order of the State party and cannot be directly invoked before the courts. It also regrets the statement made by the State party’s delegation that economic, social and cultural rights are mere principles and values and that most of the rights contained in the Covenant are not justiciable.

 

The Committee urges the State party to ensure that the Covenant is given full legal effect in its domestic law, that the Covenant rights are made justiciable, and that effective remedies are available for victims of all violations of economic, social and cultural rights. The Committee reiterates its recommendation that, irrespective of the system through which international law is incorporated in the domestic legal order (monism or dualism), following ratification of an international instrument, the State party is under a legal obligation to comply with such an instrument and to give it full effect in its domestic legal order. In this respect, the Committee again draws the attention of the State party to its general comment no. 9 (1998) on the domestic application of the Covenant.

14.  The Committee reiterates its concern that the State party has not yet adopted a national human rights plan of action, as recommended in the Vienna Declaration and Programme of Action of 1993.

 

The Committee recommends once again that the State party adopt a national human rights plan of action which includes specific programmes regarding the realization of economic, social, and cultural rights. It also encourages the State party to consult widely with civil society and national human rights institutions in the preparation of the national human rights plan of action.

 

15.  The Committee is concerned about the low level of awareness of economic, social and cultural rights not only among the public at large but also particularly among judges, public officials, police and law enforcement officials, medical practitioners, and other health care-related professionals, despite the State party’s assurances to the contrary.

 

The Committee recommends that the State party take effective measures to increase awareness of economic, social and cultural rights among the public at large as well as among judges, public officials, police and law enforcement officials, medical practitioners, and other health care-related professionals, including by lending adequate support to civil society and national human rights institutions in their efforts in relation to awareness-raising. It also recommends that the State party take steps to improve awareness of the Covenant rights as justiciable human rights and not merely rights as part of the “Welfare State”.

 

16.  The Committee continues to be concerned about the de facto discrimination experienced by some of the most disadvantaged and marginalized individuals and groups, such as ethnic minorities and persons with disabilities, in the enjoyment of their economic, social and cultural rights, especially in the fields of housing, employment, and education, despite the measures adopted by the State party to enhance its legal and institutional mechanisms aimed at combating discrimination. The Committee is also concerned that the proposed Equality Bill does not provide protection from all forms of discrimination in all areas related to the Covenant rights and will not apply to Northern Ireland (art. 2).

 

The Committee recommends that the State party take remedial steps to enforce existing legal prohibitions of discrimination and to enact, without delay, a comprehensive anti-discrimination law, guaranteeing protection against discrimination in the enjoyment of economic, social and cultural rights, as stipulated in article 2, paragraph 2, of the Covenant. It also recommends that the State party consider making such comprehensive anti-discrimination legislation applicable to Northern Ireland.

 

17.  The Committee is concerned about the discriminatory impact of some counter-terrorism measures on the enjoyment of economic, social and cultural rights of certain groups in the State party, in particular ethnic and religious minorities, despite the State party’s commitment to adopt policies aimed at promoting integration, equal treatment and diversity. 

 

The Committee recommends that the State party ensure that its counter-terrorism measures do not have a discriminatory effect on the enjoyment of the Covenant rights on certain groups in the State party, in particular ethnic and religious minorities.

 

18.  The Committee is concerned that, despite the efforts undertaken by the State party to achieve gender equality in the workplace, inequalities between men and women persist. In particular, the Committee is concerned that progress towards the eradication of the wage gap between men and women has stalled, especially in the private sector and for persons employed in part-time work. (arts. 3, 6 and 7)

 

The Committee, in line with its general comment no. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights, recommends that the State party conduct a comprehensive review of its policies to overcome gender inequalities. It also recommends that the State party continue intensifying its efforts to enhance equality between men and women in the workplace, particularly with regard to equal pay for work of equal value in all sectors of employment. The Committee encourages the State party to take into consideration the findings of the inquiry to be conducted by the Equality and Human Rights Commission and to ensure that the Equality Bill contains effective provisions aimed at closing the wage gap in the private sector.

 

19.  The Committee notes with concern that parental and paternity leave are not available to the same extent as maternity leave which negatively impacts on equal rights between men and women. (arts. 3 and 9)

 

The Committee recommends that the State party introduce a more flexible scheme for paternity and parental leave, taking into consideration the report “Working Better” by the Equality and Human Rights Commission.

 

20.  The Committee, while acknowledging the rate of employment in the State party, is yet concerned about the substantial number of persons unemployed, in particular the most disadvantaged and marginalized individuals and groups.

 

The Committee recommends that the State party strengthen its measures to reduce the substantial number of unemployed persons and to counteract the impact of the econ