In 1989, Ireland ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) and, by doing so, committed itself to protecting basic human rights such as the right to housing, social security, decent work, education and health. In June 2015, the UN Committee on Economic, Social and Cultural Rights assessed Ireland’s performance in protecting these rights over the past twelve years. As part of the reporting process, FLAC coordinated a Parallel Report to update and inform the UN Committee on the Government's progress on key issues. The UN Committee went on to deliver a strong set of The UN Committee went on to deliver a strong set of Concluding Observations, recommending State action across a range of policy areas.
While much work remains to be done, Budget 2016 saw progress in terms of implementing some of the UN Committee’s recommendations, including the introduction of statutory paternity leave, the expansion of affordable public childcare services and an increase in the minimum wage in line with the recommendation of the Low Pay Commission.
And then in October, Greece took its much anticipated turn in the hot seat. On a positive note, Greece was praised for the quality of statistical information it provided to the Committee. The capture of data is extremely important in terms of monitoring and assessing the progressive realisation of economic, social and cultural rights, a prime example of which is the impact of austerity measures on vulnerable groups. Ireland, by contrast, was expressly criticised by the Committee for its failure to provide up-to-date and disaggregated data.
Concerns raised by the Committee during Ireland’s review, including the gender pay gap, under-representation of women in decision-making positions, high levels of domestic violence, high poverty rates among disadvantaged and marginalised groups as well as cuts to healthcare services, also featured highly on the Committee’s agenda for Greece.
Predictably, the protection of economic, social and cultural rights during the recent crisis was the subject of much comment by the Committee. Following the onset of the global recession, Greece, like Ireland, introduced a range of austerity measures in return for financial assistance from the European Union and the International Monetary Fund.
The Committee noted the “severe impact” of the economic and financial crisis on basic rights, particularly for certain disadvantaged and marginalised groups with regard to the rights to work, social security and health. The Committee recommended that Greece review the policies and programmes adopted in the framework of the EU-IMF agreement since 2010, and any other subsequent post-crisis reforms, with a view to ensuring that austerity measures are progressively waived. Interestingly, in advance of the examination, Greece informed the Committee that efforts have been and will continue to be taken to uphold the rights protected under ICESCR, both in the framework of negotiation and conclusion of agreements with creditors and in their implementation.
Given that over 500,000 refugees and migrants have entered Greece by sea since the start of 2015 alone, inevitably the rights of migrants and refugees featured prominently in the dialogue between the Committee and Greek officials. Greece was commended by the Committee for receiving and hosting an “exceptional[ly] high number of migrants and persons fleeing armed conflict or persecution” as well as for its continued cooperation with the Office of the UN High Commissioner for Refugees.
In a clear swipe at EU Member States for their lack of unity in addressing the refugee crisis, especially as regards shared responsibility, it was recommended that Greece seek and strengthen international cooperation and assistance, in particular with fellow EU Member States, on the issue of migrants, asylum seekers and refugees. Other recommendations included increasing the number of reception centres and improving living conditions in them such that everyone in these centres has access to medical care, interpreters, adequate food, clothing and social support.
Unsurprisingly, the Committee expressed concern at the “exceptionally high” unemployment rate in Greece. The Committee observed that unemployment is disproportionately affecting the youth of the country, among whom the unemployment rate is 52.4%. The Committee urged Greece to “step up its efforts” to reduce unemployment, especially among women and young people, through, inter alia, the creation of employment opportunities for young people, the provision of training to jobseekers and the strengthening of programmes and strategies aimed at reducing unemployment rates.
Forced evictions and lack of access to adequate and affordable housing for Roma also attracted the attention of the Committee. In particular, the Committee noted that approximately 140,000 Roma live in at least 200 socially excluded locations, in sub-standard conditions, across Greece. In September, the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, expressed serious concerns about ongoing forced evictions of Roma in a number of European States, which, in his view, “exacerbates entrenched popular discrimination against what is already one of Europe’s most deprived and marginalised communities.”
The Committee advised that Roma communities be consulted throughout eviction procedures, be afforded due process guarantees and be provided with alternative accommodation or financial help enabling them to acquire adequate accommodation.
To conclude, the Committee’s review of Greece echoed Ireland’s examination in that it highlighted the devastating impact of austerity on basic rights, most particularly on the right to work, the right to social security, the right to health and the right to housing. For Greece, the next, and the most important, task in this Treaty Body process will be to implement the Committee’s recommendations. Commitment to human rights, after all, is determined not by words, but by actions.