The ICJ’s submission is based on an ICJ study that was released in early October 2013, after a year of research and consultations in El Salvador.
Provided to the UN Committee on Economic, Social and Cultural Rights (CESCR), the submission suggests main issues of concerns and questions that should be clarified in the upcoming dialogue between the CESCR and the State of El Salvador regarding the implementation of the International Covenant on Economic, Social and Cultural Rights in the country.
During its meeting on 2-6 December 2013, the CESCR’s Pre-Sessional Working Group will adopt a list of issues on El Salvador.
These issues will be put to the Salvadorian Government for formal response ahead of the CESCR’s full examination of the third, fourth and fifth combined reports of El Salvador in April/May 2014.
The ICJ study deals with access to justice and analyses the availability and effectiveness of remedies in cases of violations of economic, social and cultural rights.
Among others, the study highlights the lack of constitutional guarantee of certain ESC rights, the length of judicial procedures and the inadequacy of sanctions, especially in the case of breaches of the labour code by employers, and the comprehensive prohibition of abortion, even in cases in which the life and health of the mother is at risk.
El Salvador-ICJ Submission ESCR-advocay-legal submission-2013 (full text in pdf)AdvocacyLegal submissions