The International Covenant on Economic, Social and Cultural Rights, protects everyday human rights such as having a decent job and home, enough to eat, clothes to wear, a healthy environment, the chance to learn, and a safety net when most needed. It is international law which has been ratified by the United Kingdom, and compliance is monitored by a United Nations Committee. The Committee reviews countries every 5 years, with a review of the UK currently underway. This blog explains the international monitoring process, where we are in that process, and why it all matters.
International Monitoring
This monitoring by the UN Committee is particularly important because although these rights exist in international law, economic, social and cultural rights – everyday human rights – have not been incorporated into UK law. This means that it is not possible for an individual to bring a claim and seek a remedy in a UK court for violations of their rights. The upcoming UN review process is an opportunity to raise issues before the Committee and highlight why enforceable everyday rights are important.
The monitoring is a process which starts with a report on the state of economic, social and cultural rights from the UK Government. Work is then done by civil society to help the Committee identify areas where they should ask questions of the UK Government and explore issues which arise more deeply. Just Fair produced a report on behalf of civil society in England and Wales, in 2023 to assist the Committee in shaping the questions for the UK Government. The questions published by the Committee are known as the List of Issues. The UK Government has recently provided a response to the List of Issues.
Just Fair, along with other civil society organisations now has the opportunity to provide an updated report to the Committee to highlight issues which should be examined at a final review meeting which will be held in Geneva in February 2025. Just Fair is preparing a report for the Committee following our call for evidence and we will attend the review meeting, along with other civil society organisations and UK Government representatives.
The UK Government’s Response to the List of Issues
The reason that the UK Government’s response to the List of Issues is significant is because it represents their understanding of everyday rights in the UK. It is also a moment where the UK Government is being asked to account for any deficiencies and failings in relation to everyday rights protections.
Given the recent election, the current UK Government is having to account for decisions and policies which may relate to actions taken by the previous UK Government. However, this does not mean they should be excused from being accountable. Where failings are identified they should be acknowledged, and detailed steps provided to rectify the situation. The UK Government’s response to the List of Issues is patchy and lacking in detail, even allowing for the change in leadership.
The review meeting in Geneva therefore provides an excellent opportunity for the Committee to seek more detail and encourage the UK Government to ensure that new policies and laws being developed are compliant and implement existing commitments the UK has in relation to economic, social and cultural rights at an international level.
The Government has indicated it will provide more information on:
- Steps it intends to take to address inequalities for minority ethnic groups in relation to employment.
- Enforcement of employment rights and the creation of a single employment rights enforcement body.
- Temporary accommodation standards.
- Elaborating on what is meant by commitment to understanding national trends in suicide for minority ethnic groups, including Gypsy, Roma and Traveller people.
- Plans for improving educational attainment and access to education for all children.
- Plans for greater participation of women and girls and disabled people in sport.
- A strategy for tackling child poverty.
Just Fair will be in Geneva in February 2025 to encourage the Committee to press the UK Government on these details and other issues which arise from the evidence we have received.
The progress on the protection of people’s rights should not be delayed or diluted by changes in leadership. Rights should be incorporated in the UK, so people are protected long term, irrespective of who is in power. Despite what the previous and current UK Governments may seek to claim in their submissions to the Committee, everyday rights are not adequately protected in UK law, and we will be bringing that to the attention of the Committee as a priority.
In the meantime, get involved by joining the ESCR Network.
