Today we publish our submission to the UN Committee on Economic, Social and Cultural Rights (UN CESCR) seventh review of the UK, on behalf of civil society in England, and a joint statement sent to UN CESCR signed by 70 civil society organisations across the UK.
The system is failing
Our submission, compiled from evidence and information shared by over 30 civil society organisations, provides sobering insights into the state of economic, social and cultural rights (ESCR) in England and the UK more broadly. The statement also raises specific concerns in the devolved nations and jurisdictions, as well as across the UK as a whole.
The evidence is clear. The system is failing specific groups, particularly those with protected characteristics, as well as individuals facing barriers to accessing basic necessities such as healthcare, adequate 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.
Non-compliance with international standards
Our submission also specifically highlights several examples of other international monitoring bodies expressing concerns that the UK is not in compliance with international commitments made to protect ESCR. These bodies include the International Labour Organisation Freedom of Association Committee, the European Committee of Social Rights and the UN Committee on the Rights of Persons with Disabilities.
Rights are not being protected
The impact of this non-compliance is broad, affecting rights such as to work, social security, and an adequate standard of living. It also influences how some groups experience the lack of protection more deeply than others.
This is not only a historical problem, inherited by the new UK Government from its predecessors. Evidence included in the submission indicates that the new UK Government continues to make political choices which undermine people’s rights. For example:
- the decision not to implement recommendations of the Grenfell Tower Inquiry mandating Personal Emergency Evacuation Plans for Disabled residents of tower blocks;
- the decision not to provide compensation in line with recommendations of the Parliamentary and Health Service Ombudsman to those negatively impacted by changes introduced to increase the women’s state pension age;
- the decision to retain the two-child limit introduced in 2017.
Rights are not being protected and a lack of action to address this, coupled with emerging policy announcements, mean there are very real fears that things may continue to get worse.
And for those already experiencing the sharpest end of certain policies – the absence of a rights-based approach means those fears weigh all the more heavily.
Getting on track towards a fairer UK
Despite the protection of ESCR in international law, the historic, current and future risk of rights non-compliance emerges in a context of a lack of an underlying ESCR framework in UK law.
There is also no complaints mechanism to allow people to seek accountability and address some of the worst infringements, not even an external one like the Optional Protocol, which the UK has not ratified.
The UN CESCR’s review of the UK marks a pivotal moment for the recognition and acknowledgment of what is not working. It is an important and welcome opportunity to understand how things can be done better, where people’s rights can be protected and decisions taken which are rights based.
But reviews alone are not enough.
The submission contains a number of recommendations for action by the UK.
It is almost 50 years since the UK ratified the International Covenant on Economic, Social and Cultural Rights, committing to uphold the rights in the Covenant.
There can be no more delay or excuse, it is time ESCR were effectively incorporated into law across the UK.
Background image by Marko Jovanovac
