Closing the Gap? – An Introduction to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
On 10 December 2008, the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. This article introduces this new international complaints and inquiry procedure with a particular focus on its historical evolution, debates over justiciability, its provisions and some of the key interpretive issues that are likely to arise in practice. The article also introduces the other articles in this Special Issue and notes the likely way ahead on ratification of the protocol.
*I would like to sincerely thank the two reviewers, Catarina de Albuquerque and Claire Mahon for their very useful comments. In addition, Tara Smith was most helpful in the organising of a seminar on 6 October 2008 at the University of Oslo: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: Local and Global Perspectives on Norway’s Position. A number of the presentations at the seminar led to the articles in this Issue. Khulekani Moyo also kindly assisted in helping to edit many of the articles.
Keywords: United Nations, International Covenant on Economic Social and Cultural Rights, justiciability, complaint and inquiry procedure, admissibility and merits.
