Economic Social Cultural Rights

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A Fourth Optional Protocol to the CRC to Strengthen the Right to Education in International Law?

Introduction The UN Convention on the Rights of the Child (CRC), adopted by the General Assembly on 20 November 1989, is the most widely ratified treaty within the UN human rights system. Comprising 54 articles, the CRC covers the civil, political, economic, social and cultural rights of children, recognising them as individual rights holders. Between 2000 and 2011, the CRC was integrated by three Optional Protocols. The first two, the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, expand the substantive obligations of the CRC. The third protocol, the Optional Protocol on a Communications Procedure, introduces a mechanism allowing for the submission of individual communications.

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Extraction and Indigenous Culture: UN Bodies’ Views on the Indigenous Right to Culture, the Indigenous Right to Land, and Resource Extraction

In October 2024, the Committees on the Rights of the Child (CCRC) and Economic, Social and Cultural Rights (CESCR) published their Views in three communications against Finland. Both Committees concluded that the country had violated the rights of individuals in the Kova-Labba Siida (a Sámi community) by granting a…

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As the land erodes, so does the cultural heritage: Unpacking (fuzzy) cultural preservation perspectives within the Falepili Union Treaty framework

On 28 August 2024, the Falepili Union Treaty between Tuvalu and Australia entered into force. As the first climate resettlement treaty ever adopted in history, providing a defined climate mobility pathway, this peculiar legal instrument on climate cooperation offers numerous reflections enshrined in its first four articles (e.g. the recognition of Tuvalu’s…

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International Legal Protection for Mothers Experiencing Global Crises and Natural Disasters

Humanity now stands at a total population of 8.1 billion, of which 2 billion are mothers. Apropos of this year's Christmas celebrations throughout the Christian part of humanity, I've often had occasion to observe to my students that the classic Nativity story is also a stirring narrative of how the birth of Jesus Christ occurred…

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Human Rights Reparations and Fact-Finding Quandaries in the 2024 ICJ Judgments in Ukraine v. Russian Federation

Perhaps more than any other time in the history of the International Court of Justice, international human rights law has never been more ubiquitously and stridently deployed at the World Court by so many States, several of whom do not necessarily have the usual nationality linkages when it comes to the assertion of injuries and harms from asserted…

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