The Study Of Optional Protocol To The International Covenant On Economic, Social And Cultural

The International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as the Covenant) was adopted in 1966, but the mechanism for the implementation of the Convenant has many problems. Reform of the existing mechanism of the Convenant to strengthening the country's obligations under the Convenant are an important goal of the international community. It is necessary to find a viable solution to these problems.To strengthen the mechanism for the implementation of the Convenant in the true sense is a step up from the mid-1980s which is after the set up of the the Committee on Economic, Social and Cultural Rights (hereinafter referred to as the Committee).The operation of the mechanism is not long, and is still in the process of development. This becomes a contrast with the object and purpose of the Convenant. In view of the revision of the Convenant full of complexity and difficulty, as well as the possible cause of the States Parties to the Convenant between the old and new issues such as separatism. Follow the examples of the Optional Protocol of the Convenant in order to rich and strengthen the mechanisms for the implementation of the Convenant become a viable alternative, which can avoid the difficulties caused by amending the Convenant.The United Nations General Assembly adopted the Optional Protocol in December, 2008, it will be effective upon approval by the ten countries. The adoption of the Protocol is a very encouraging message.The role of the Protocol of the Convention on mechanism for the implementation of the Convention is great, but it still worth to study in its necessity and feasibility.The main mechanism for Covenant is a regular reporting system which is very weak. In the United Nations Convention on Human Rights system, this paper choose the relative weak mechanism of The International Covenant on Economic, Social and Cultural Right and its protocol to study, which will be more easily to found the issues of the law and development of the international human rights.With the development point of view,the implementation of the Convention are bound to achieve a further development, or even possible to make a qualitative than ever before ground-breaking development, such as the provisions of the Protocol to the individual complaints system. This article attempts to study the protocol, to explore mechanisms to improve the implementation of the Convention on the choice of procedure,and by comparing other mechanisms of human rights, in order to demonstrate the necessity and feasibility of the protocol, as well as possible shortcomings and problems,especially related to the individual complaint procedure.Although the establishment of a system of individual communications can not be a comprehensive solution to the Protocol to the Convention on the implementation of the mechanism, however, the relevant theoretical research will be to change the status on the road to a useful step.The main significance lies in the fact that the adoption of the "convention" of progress on the implementation of the mechanism, combined with other major international human rights mechanisms for the implementation of the Convention on the comparative study and explore the further implementation of the Convention, summed up the problems, as well as a mechanism to tackle the problem by thinking of measures to improve; At the same time, the academic research for the Protocol in China is relatively few, the information and data related to the Procotol are very few, ,which increased the difficulty of writing this article to a certain extent.However, there have been numerous research results on the mechanism of Covenant, this paper attempts to study the results of our predecessors on the basis of the further implementation of measures to improve the mechanisms and other issues, compared to the provisions of the Protocol, in particular the Protocol to the individual complaints which provides the perfect mechanism for the implementation of the Convention,and as a breakthrough to discuss the provisions of the Protocol to the Convention on the implementation of the system and improve the mechanism of development,and at the same time trying to compare individual complaints system and other international monitoring mechanism, which shows that under the present circumstances . The the necessity and feasibility of Protocol only provides individual complaints as the system, and other problems. As the provisions of the Protocol to the individual complaints system must be built on the basis of recognition of economic, social and cultural rights which are actionable, this article focus on the discussion of the nature of the economic, social and cultural rights.Because there are lots of differences between the nature of the economic, social and cultural rights,which difficult to form a unified theory.The data on this issue is few,Therefore, this paper attempts to through a largr number of the United Nations documents and Committee, combined with foreign countries on this issue, to demonstrate that economic, social and cultural rights can be actionable, which can provide a theoretical basis for a system of individual complaints.This is the goal and significance of this article .Although the theoretical study of the Convention can not play an immediate impact,but the relevant theoretical research can still as a general to the study of Convenant to change the current status and the problems of the Protocol,and I hope the theory will ultimately have a beneficial impact.This article is divided into five chapters, Chapter I is mainly on the origin of the protocol, the main content and features of the Protocol;Chapter II is mainly on the discussion the actionable of the economic, social and cultural rights,this is a focus of thia article,and I like to clarify the bias of the economic, social and cultural rights;Chapter III is mainly on the perfect of Protocol to the the mechanism for the implementation of the Convenant, with emphasis on the existing mechanisms for the implementation and effectiveness of the problems ,and emphasis the importance of setting up the procedures in Protocol; Chapter IV through demonstrating the feasibility of choice of other international monitoring procedures ,and then come to the conclusion that the Protocol only requires an individual complaints procedure. Chapter V demonstrates that the protocol individual complaint procedure that may be encountered in the real world, and clarify two erroneous points of view of international human rights. Finally,this article demonstrate the positive significance of the protocol and prospects.