ABSTRACT

This chapter provides a substantive and detailed analysis of the scope, aims and core provisions of the recent Protocol which allows individuals, groups or organisations acting on their behalf to seek justice at the international level for violations of economic, social and cultural rights. It considers the relevant articles of the Optional Protocol (OP) in the light of the most significant proposals made by the ‘Open Ended Working Group to consider options regarding the elaboration of an Optional Protocol’ during its four Sessions. The wording of Article 2 of the OP leaves no doubt as to whether groups of individuals and organisations may also present complaints before the Committee on Economic, Social and Cultural Rights. The language of this provision also suggests that only private entities may be considered ‘non-governmental’ within the meaning of Article 2 of the OP.