The United Nations Committee on Economic, Social and Cultural Rights (UN CESCR) seventh periodic review of the United Kingdom took place in Geneva last week. 

The review was attended by representatives from the UK Government, Scottish and Welsh Governments, the Northern Ireland Executive Office along with representatives from the Isle of Man and Jersey.  Also in attendance were representatives from the national human rights institutions – England and Wales, Scotland and Northern Ireland. 

There was a significant and diverse representation of civil society which included international non-governmental organisations (NGOs), national and local charities and a sizeable and important number of individuals.

A well organised civil society highly engaged in the review

The highly engaged UK civil society was also reflected in the seventy-two civil society submissions received by the Committee to assist them with their work examining economic, social and cultural rights (ESCR) compliance in the UK. 

This was noted by the country rapporteur as being the highest number of civil society submissions for any State Party received by the Committee thus far.  This level of engagement is testament to the work of UK civil society and the UK ESCR network, chaired by Just Fair.  It underlines the importance of a coordinated approach and working together to draw on a broad range of collective knowledge and skills.   

The two days of review provided an important moment for UK civil society to engage directly with Committee members, attend informal Committee briefings and let them know in detail about the state of ESCR across the UK. 

The information that civil society shared was reflected in the many insightful questions raised by UN CESCR to the UK Government delegation.  There was particular focus on UK wide incorporation of ESCR, child poverty rates, social security, climate adaptation policies, housing, experiences of migrant workers, health inequalities, bullying in schools and the education attainment gap. 

The UK Government delegation was well prepared and managed the time allocated for responding efficiently.  Many observing from civil society, however, may have felt that there was something of a disconnect between the positive picture painted and the reality on the ground. In response to sometimes challenging questions, the UK Government often stated that there was a white paper or strategy planned.

The evidence is clear: the system is failing specific groups

Evidence submitted to the Committee by civil society demonstrates that for many people there is no time to wait for strategies and plans.  This was clear in Just Fair’s submission to the Committee, compiled from evidence shared by over 30 civil society organisations in England.  The current system is failing specific groups, particularly those with protected characteristics, as well as individuals facing barriers to accessing basic necessities such as healthcare, food, housing, decent work, and social security. Inequalities are deeply intertwined, with those at the sharpest end often experiencing violations of multiple rights.  And for these groups, the situation is getting worse. 

Incorporation of rights is possible in the UK, and would bring change

One area which exposed a particular disconnect was in relation to the issue of incorporation of ESCR into domestic law.  In 1976, the UK ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR).  This meant the UK agreed to uphold and protect the obligations in the Covenant and progressively realise ESCR.  Yet almost 50 years later the UK has failed to fully act on this initial commitment because there still has not been effective incorporation of these rights into UK law. 

The UK Government explained that it was of the opinion that it is not obliged to incorporate the rights in domestic law, and in any event such a step would be both difficult and not ‘worth doing’ because of the unique nature of the UK constitution. 

These comments are concerning, not least because there is currently no way of enforcing the Covenant rights for those in the UK seeking their protection.  This is because in addition to there being no domestic route to remedy – the UK Supreme Court has been clear that there is no obligation to consider unincorporated rights in judicial decision making – there is no external complaints route.  The UK has not ratified the Optional Protocol – a mechanism which would permit individuals or groups to raise complaints directly to UN CESCR.  The UK Government explained that it will not ratify the Optional Protocol because the view of (previous) UK Governments has been that the benefits of doing so are ‘negligible’. 

While the UK Government may consider complaints mechanisms and accountability of little benefit, those experiencing rights violations and seeking accountability may take a different view. 

It is regrettable that the UK persists with this approach to incorporation and routes to remedy, particularly when steps taken in Scotland underline how incorporation of ICESCR rights could be possible in the UK constitutional context and would be of benefit.  A country serious about upholding human rights should explore all ways to improve protection and seize opportunities to do this.  It is the right of the people to expect such protection, particularly when a commitment has been made to provide and uphold it. 

In two weeks the UN Committee will publish its concluding observations and make recommendations to the UK Government on steps it should take to ensure that effective human rights protections under ICESCR exist for everyone in the UK. 

Just Fair looks forward to the UK Government’s response to the Committee’s reflections and concluding observations and welcomes government engagement with the UK ESCR Network and many others to improve rights protection across the UK.

Join the UK ESCR network to get involved in this process.

Listen back to the review meetings here:

13.2: 7th Meeting, 77th Session, Committee on Economic, Social and Cultural Rights (CESCR) | UN Web TV

14.2: 9th Meeting, 77th Session, Committee on Economic, Social and Cultural Rights (CESCR) | UN Web TV