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Expert meeting on business actors and the Covenant on Economic,

Social and Cultural Rights, 24-25 July 2014, Brussels.

Concept

The Committee on Economic, Social and Cultural Rights (further: the Committee) is the UN treaty body
overseeing the national and international implementation of the International Covenant on Economic,
Social and Cultural Rights (ICESCR).
In its Statement on the obligations of States parties regarding the corporate sector and economic, social
and cultural rights, adopted in 2011, the Committee stressed that it increasingly addresses the obligations
of States Parties regarding the impact of the corporate sector on the implementation of the rights under
the Covenant. The corporate sector in many instances contributes to the realization of the economic, social
and cultural rights enshrined in the Covenant through, inter alia, input to economic development,
employment generation, and productive investment. However the Committee has also frequently observed
that corporate activities can adversely affect the enjoyment of Covenant rights. [] The Committee
reiterates the obligation of States Parties to ensure that all economic, social and cultural rights laid down
in the Covenant are fully respected and rights holders adequately protected in the context of corporate
activities.
Since the adoption of this statement, the Committee has more frequently addressed various aspects of the
obligations of States Parties to ensure the protection of economic, social and cultural rights in the context
of activities by corporate actors carried out domestically and globally. The growing importance of this
dimension of the implementation of the ICSCR has prompted the Committee to embark on exploring the
possibility of drafting a General Comment on the issue with a view to developing interpretation inter alia
of the legal provisions of the ICESCR addressing obligations of State Parties relating to business actors.
In this expert meeting, we would like to focus on issue areas for the possible General Comment, such as:
scope of State Parties obligations and tools to comply with them,
direct applicability of ICESCR to corporate actors,
nature of extraterritorial obligations,
standing of rights holders vis--vis corporate activities,
access to remedy by victims in the context of abuses caused by or involving corporate actors,
various aspects of violations of ESCR resulting from corporate actor activities in the context of the
Optional Protocol, including such issues as the due diligence requirement,
responsibilities of state owned enterprises and businesses contracted by State Parties,
differentiation of obligations in the case of developing and developed countries,
any other issues, such as the structure of General Comments (e.g. with regard to specific areas:
health, employment, etc.).
The discussions will build inter alia on a brainstorming meeting on economic, social and cultural rights and
the corporate sector hosted by the Friedrich Ebert Foundation in Geneva in May 2014.



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The meeting will take place in the framework of the Global Campus project of the European Inter-University
Centre for Human Rights and Democratisation in Venice, and co-organized by Friedrich-Ebert-Stiftung,
Adam Mickiewicz University of Poznan and Ca' Foscari University of Venice.

Programme
Venue: Friedrich-Ebert-Stiftung Brssel in 38, Rue du Taciturne 1000 Brussels
Thursday 24
th
July 2014
14.00-14.30 Welcome by Prof. Zdzislaw (Dzidek) Kedzia, Professor at Adam Mickiewicz University
Poznan, member of EIUC Board and Felix Kirchmeier, Friedrich Ebert Stiftung
14.30-15.30 Introduction by Prof. Alan Miller, Chair of the Scottish Human Rights Commission and
Sandra Ratjen, International Commission of Jurists
I Session State Parties obligations and direct applicability of ESCR, moderated by Prof.
Alan Miller,
Points which will be covered during the I Session:
Scope of the State Parties obligations, as well and tools to comply with them;
Direct applicability of ESCR to corporate actors;
Nature of extraterritorial obligations.
15.30-16.00 Coffee break
16.00-17.30 End of the I Session and conclusions
19.00-21.00 Dinner at the restaurant lAtelier in rue Franklin 28, Brussels 1000

Friday 25th July 2014

9.30-10.00 Introduction by Prof. Fabrizio Marrella, Professor of International Law and European
Union Law at C. Foscari University of Venice and a Dean at EIUC
10.00-11.00 II Session Access to remedies, moderated by Prof. Fabrizio Marrella

Points which will be covered during the II Session:

Standing of rights holders vis--vis corporate activities;
Access to remedy by victims in the context of abuses caused by or involving
corporate actors;
Various aspects of violations of ESCR resulting from corporate actor activities in
the context of the Optional Protocol, including such issues as the due
diligence requirement.

11.00-11.15 Coffee break



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11.15-12.30 End of the II Session and conclusions

12.30-14.00 Lunch at the restaurant lAtelier in rue Franklin 28, Brussels 1000

14.00-15.15 Introduction by Scott Jerbi, Director of Communications, Institute for Human Rights and
Business, London
Session III Responsibilities of state owned enterprises in a global context, moderated by
Scott Jerbi

Points which will be covered during the III Session:

Responsibilities of state owned enterprises and businesses contracted by State
Parties;
Differentiation of obligations in the case of developing and developed countries;
Any other issues, such as the structure of general comments (e.g. with regard to
specific areas: health, employment, etc.).
15.15 - 15.30 Coffee break
15.30 16.45 End of the III Session and conclusions