49th session of the UN Human Rights Council

The UN Human Rights Council held its 46th session from 22 February 2021 to 24 March 2021. Due to the ongoing effects of the coronavirus pandemic, the session was once again held primarily online.

The following Update provides a summary of Council initiatives regarding economic, social and cultural (ESC) rights. This includes information about:

Economic, Social and Cultural Rights in the COVID-19 Pandemic
Right to Adequate Housing
The realisation in all countries of ESC rights
Human Rights and the Environment
The Rights of Persons with Disabilities
Human Rights and Foreign Debt
The Right to Food
The Right to Work
Cultural Rights
The Next Council Session

Economic, Social and Cultural Rights in the COVID-19 Pandemic

Council Resolution on Access to COVID-19 Vaccines

Ecuador, Turkey, and Azerbaijan (on behalf of the Movement Non-Aligned Countries) proposed a resolution on ensuring equitable, affordable, timely and universal access for all countries to vaccines in response to the coronavirus disease (COVID-19) pandemic. The resolution, which was adopted without a vote, may be accessed here.

Council Resolution on Economic, Social and Cultural Rights and COVID-19 Recovery

China, Bolivia (Plurinational State of), Egypt, Pakistan, and South Africa proposed a resolution on promoting and protecting economic, social and cultural rights within the context of addressing inequalities in the recovery from the COVID-19 pandemic. Due to some language disagreements, specifically around the expression “inequality within and among States”, the resolution was adopted by vote with 31 affirmatives, 14 rejections, and 2 abstentions. The resolution may be accessed here.

Report by the Secretary-General

Pursuant to Human Rights Council resolution 46/10, the Secretary-General provides an overview of the continuing impacts of the coronavirus disease (COVID-19) pandemic on economic, social and cultural rights and outlines key elements of a human rights-based approach towards building and financing inclusive public policies and services, with particular emphasis on social protection. The Secretary-General concludes with recommendations for establishing human rights-based social protection systems in order to operationalise his call for a renewed social contract underpinned by a global new deal in the context of the COVID-19 pandemic recovery. To access the report, click here.

Right to Adequate Housing

The realisation in all countries of ESC rights

UN Special Rapporteur Balakrishnan Rajagopal presenting his report.

Council Resolution on the Right to Housing

The resolution on “adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context” was tabled by the core group of Finland, Germany, Brazil, and Namibia. The resolution was adopted without a vote and can be accessed here. GI-ESCR has actively been involved in the consultation process of the resolution where we worked on strengthening language around public housing.

Report of the Special Rapporteur on Housing

The UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context published a report on spatial segregation and the right to adequate housing. The report can be accessed here.

Summary Report

In this report the Special Rapporteur draws attention to spatial segregation as a major obstacle to enjoying the right to adequate housing. Spatial segregation is a reflection of multiple, compounded and intersectional forms of discrimination, results in violations of the equal and non-discriminatory enjoyment of the right to adequate housing, and is also linked to the violation of a wide range of other inter-related human rights.

In order to address and reverse the detrimental consequences of spatial segregation, it is important to understand its different forms, to identify it correctly, and to understand the frameworks and mechanisms through which it is manifested. Alongside historic forms of spatial segregation, such as those that existed in apartheid South Africa, the Special Rapporteur points to informal settlements, resettlement sites, gated communities, and residential institutions as types of spatial segregation that can have similar damaging and long-lasting consequences. Measuring, spatial mapping and data visualisation are identified as important tools for identifying cases of spatial segregation. The report examines how land use planning and discriminatory zoning, physical barriers, forced evictions and displacement, social and public housing policies, criminalisation and stigmatisation of vulnerable minority groups can become drivers of spatial segregation.

Finally, the report discusses how international frameworks, strategic litigation, housing policies, urban and territorial planning, and neighbourhood upgrading programs can be effective in addressing and reverting the consequences of spatial segregation – and draws out relevant recommendations. This report is the second of two interrelated thematic reports of the Special Rapporteur. His first report on discrimination in the context of housing was presented to the General Assembly in October 2021.

Human Rights and the Environment

Report of the Special Rapporteur on Human Rights and the Environment

The UN Special Rapporteur on human rights and the environment, David Boyd, presented his annual thematic report, entitled “Non toxic environment to live, work, study and play”. The report may be accessed in full here.

Report Summary

Our Oral Statement

The report identifies a non-toxic environment as one of the substantive elements of the right to a safe, clean, healthy and sustainable environment. The Special Rapporteur describes the ongoing toxification of people and the planet, which is causing environmental injustices and creating “sacrifice zones”, extremely contaminated areas where vulnerable and marginalised groups bear a disproportionate burden of the health, human rights and environmental consequences of exposure to pollution and hazardous substances. The Special Rapporteur highlights State obligations, business responsibilities and good practices related to ensuring a non-toxic environment by preventing pollution, eliminating the use of toxic substances and rehabilitating contaminated sites.

The Rights of Persons with Disabilities

Report of the Special Rapporteur on the Rights of Persons with Disabilities

The Report of the Special Rapporteur on the rights of persons with disabilities, Gerard Quinn, presented his latest report on “Artificial intelligence and the rights of persons with disabilities”. You can access the report here. An easy-to-read version of the report is available here.

Report Summary

The report provides on one hand an overview of activities of the mandate since the last report in 2021, and on the other hand outlines the current challenges and opportunities of artificial intelligence for people with disabilities.

The world is undergoing unprecedented and rapid growth in the use by States of artificial intelligence, automated decision-making and machine-learning technologies. These new technologies can be of enormous benefit to persons with disabilities and drive the search for inclusive equality across a broad range of fields such as employment, education and independent living. However, there are many well-known discriminatory impacts. While there is a growing awareness of the broad human rights challenges that these new technologies can pose, a more focused debate on the specific challenges of such technology to the rights of persons with disabilities is urgently needed.

In his thematic study, the Special Rapporteur intends to initiate and inform such a debate. In it, he describes the risks that this technology constitutes to the enjoyment of the human rights of persons with disabilities, as provided by the Convention on the Rights of Persons with Disabilities. He maintains that the human rights of persons with disabilities should be placed at the centre of the debate about these technologies. Once these risks are addressed, then the practical benefits of artificial intelligence might be realised. To that end, practical recommendations as to how this can be achieved are set out in the final section of the report.

Human Rights and Foreign Debt

Report of the UN Independent Expert on Foreign Debt

The UN Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Attiya Waris, presented a report outlining her vision and preliminary workplan for the mandate.

The report may be accessed in full here.

The Independent Expert has also published a user-friendly version of the report which can be accessed here.

Council Resolution on the Effects of Foreign Debt

Cuba submitted a resolution on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights. The resolution passed by 29 votes to 14, with 4 abstentions. It may be accessed here.

Attiya Waris addresses the Human Rights Council.

The Right to Food

Council Resolution on the Right to Food

A resolution on the right to food to confirm the mandate for another three years was presented by Cuba and adopted without a vote. It may be accessed here.

The Human Rights Council’s interactive dialogue with Michael Fakhri.

Report of the Special Rapporteur on the Right to Food

The Special Rapporteur on the right to food, Michael Fakhri, presented a report on “seeds, right to life, and farmers rights”.

The report may be accessed in full here.

Report Summary

In the report, submitted to the Human Rights Council pursuant to Council resolution 43/11, the Special Rapporteur provides a framework for the advancement of farmers’, indigenous peoples’ and workers’ rights and a guide for States to ensure that the world’s seed systems are biodiverse and safe and fulfil human rights obligations.

The Right to Work

Human Rights Council Resolution

The core group of Egypt, Greece, Indonesia, Mexico, and Romania have tabled a resolution on just transitions and the right to work. GI-ESCR has worked on including language around gender-just green transitions during the informal consultations. The resolution was adopted without a vote and can be accessed here.

Cultural Rights

Reports of the Special Rapporteur in the Field of Cultural Rights

In her first report as newly appointed Special Rapporteur, Ms. Alexandra Xanthaki presents an overview of her vision for the mandate. The report can be accessed here

Summary of the Special Rapporteur's report

Council Resolution on the enjoyment of the cultural rights

The Human Rights Council adopted without a vote a resolution tabled by Cuba on the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity. The resolution can be accessed here.

Council Resolution on cultural rights and the protection of cultural heritage

This resolution was tabled by the core group of Cyprus, Argentina, Ethiopia, Greece, Iraq, Ireland, Italy, Mali, Poland, Serbia, and Switzerland. The resolution was adopted without a vote and can be accessed here.

Ms. Alexandra Xanthaki presenting her report.

In the report, the Special Rapporteur highlights the positive nature of culture for the individual and the empowering force of cultural rights. The Special Rapporteur commits to working more closely with United Nations bodies in promoting cultural rights and cultural diversity, emphasises the importance of good practice and identifies a preliminary list of issues deserving more attention that she intends to address during her tenure.

These issues include: