Legislative Advocacy
In specifying States Parties’ obligations, the ICESCR emphasized in Article 2(1) that the rights recognized under the covenant are to be realized by all appropriate means, including particularly the adoption of legislative measures. Through education and advocacy, human rights defenders can help sensitize lawmakers to the country’s binding international human rights obligations, and as may be appropriate, emphasize the need for ratification or the translation of international human rights guarantees into locally appropriate legislative and policy instruments. In this respect, initiatives may seek to secure the repeal of laws and regulations that may impede the enjoyment of ESC rights, and to establish new ones that facilitate their enjoyment.
Some initial resources on this topic are:
- Legislative Advocacy in Ripple in Still Water
- Handbook for Legislators on HIV/AIDS, Law and Human Rights
The following case studies illustrates how human rights defenders have used legislative analysis techniques to protect and promote ESC rights: