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Appendix II: The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights

In 1986 the International Commission of Jurists, the Maastricht Centre for Human Rights of the University of Limburg (the Netherlands) and the Urban Morgan Institute for Human Rights, College of Law, University of Cincinnati (Ohio, USA) convened a group of distinguished experts in international law to consider the nature and scope of the obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights (CESCR). This meeting, which was attended, among others, by some members of the then newly constituted ECOSOC Committee on Economic, Social and Cultural Rights and by staff members of the United Nations and Specialized Agencies, resulted in the adoption of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights. At the initiative of the Netherlands Government, these Principles have been issued as an official United Nations document (UN Doc. E/CNA/1987/l7, Annex); they have also been published in the Human Rights Quarterly, Vol. 9, 1987, pp. 122-135 and in the Review ofthe International Commission ofJurists, No. 37, December 1986, pp. 43-55. Over the past 10 years economic, social and cultural rights have received more, although certainly not yet sufficient, attention at the international governmental level. The Committee on Economic, Social and Cultural Rights has played a most constructive role in this respect. Mention should also be made of the various studies in the field of economic, social and cultural rights undertaken by Special Rapporteurs appointed by the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. In 1993, the World Conference on Human Rights in Vienna reaffirmed the universality, interdependence and indivisibility of economic, social, cultural, civil and political rights, and stressed the need for elaborating an Optional Protocol to the CESCR. In this respect it is also relevant to mention a comprehensive report of the Netherlands Advisory Committee on Human Rights and Foreign Policy on the issue of economic, social and cultural rights (Advisory Report, No. 18, 1994), which was in general favourably received by the Netherlands Government. It is clear that the monitoring of the progressive realisation of economic, social and cultural rights is extremely complicated and requires an enormous amount of good quality data. The view has been expounded that economic and social indicators should be developed to assess progress in the realisation of economic, social and cultural rights. It is certainly worthwhile to pursue this enquiry in light of the conclusions reached by a UN Seminar on Appropriate Indicators to Measure Achievements in the Progressive Realization of Economic, Social and Cultural Rights (UN Doc. A/CONF.157/PC/73 (1993». However, another potentially fruitful approach may be to focus on identifying violations enumerated in the ESC-Covenant. The proposal to elaborate an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is based on the same premise. The Limburg Principles made already an early start in identifying the issue of violations of economic, social and cultural rights (Principles 70-73). In a