On September 6, 2023, the National Assembly ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, a mechanism in service of protection of for which the A 11 Initiative had advocated for five years.
Now, two years later, we remind ourselves that this mechanism is available to citizens, while remaining aware that much more effort and time are needed for the broader public to become aware of the opportunity to safeguard their economic and social rights, even after all domestic legal tools in Serbia have been exhausted.
The Optional Protocol allows citizens of Serbia, once conditions is met, to protect their rights before the United Nations Committee on Economic, Social and Cultural Rights. Beyond offering legal redress in individual cases, the UN Committee can, through its practice, clarify and further specify the obligations under the Covenant on Economic, Social and Cultural Rights and facilitate their application before domestic administrative and judicial bodies.
It is essential that the wider public is informed about the availability and opportunities offered by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. While in theory it serves as the basis for submitting individual and/or collective applications for violations of specific economic or social rights in Serbia, the Optional Protocol also functions as a systemic mechanism for the protection of rights. It enables the development of case law, the identification and resolution of structural problems, raising of awareness, and even a form of “diplomatic disciplining” of state authorities. As we know, domestic institutions have certain obligations regarding protection of economic and social rights, yet the path toward fulfilling them is often obstructed by various barriers.
The A 11 Initiative led an exceptionally long and demanding campaign to bring the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights before the Members of the National Assembly of Serbia. We have documented this advocacy process in detail, including the obstacles we faced and the lessons we learned.
In the meantime, the legal and advocacy teams of the A 11 Initiative have conducted trainings for representatives of public administration, activists and lawyers, with the aim of raising awareness about the rights and obligations stemming from international treaties and mechanisms such as the Optional Protocol. We continue to work on this challenging task, confident that these efforts will pay off and that access to the protection of socio-economic rights will become increasingly effective.
