The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary
This commentary aims to address the need for scholarly research, reasoned argument, consistent interpretation and creative approaches to advocacy, adjudication and remedies under the new OP-ICESCR to ensure that its promise and purpose are fully realized. It aims to provide commentary that is rigorous from a scholarly perspective but relevant for practice and helpful in meeting the unique challenges of this new area of adjudication. It is thus targeted at both users of the Optional Protocol (applicants, lawyers, governments, the Committee) as well as a broader audience of scholars, students, national judiciaries and policy makers.
A human rights-based approach to social protection requires grounding social protection systems in a strong legal and institutional framework. This should ensure both programme stability and the recognition of beneficiaries as rights holders. The need to provide for strong legal frameworks that clearly lay out entitlements, rights and obligations is provided for in Recommendation No. […]