ABSTRACT
This chapter introduces the 2008 optional protocol (OP) providing an overview of the origin, legal status and structure of the OP. It offers an analysis of the developments regarding the individual complaints procedures which have been developed to protect Economic, Social and Cultural Rights at international level. In 2005, the Working Group gave a mandate to its chairperson, Catarina de Albuquerque, to prepare a report containing elements which should improve the discussions on the OP. This ‘elements paper’ facilitated a discussion on the main issues related to an individual communications procedure at the third session of the Working Group. The OP is an instrument of international law. Multilateral agreements are usually negotiated in international conferences among participating States. A Working Group was established to facilitate the negotiations and drafting process of the OP. There is no provision in the OP concerning its territorial scope and the possibility of reservations.
