Dr Paul Behrens publishes report on economic, social, and cultural rights
Wed 20 December 2023
Dr Paul Behrens' report 'Selected ICESCR Rights and their impact on LGBT+ Matters' was published on 14 December 2023 by the Human Rights Consortium and the Equality Network which had commissioned it. ICESCR – the International Covenant on Economic, Social and Cultural Rights – is a human righs treaty which was concluded in 1966. The report investigates the way in which several of its rights are applicable to matters of concern to the LGBT (lesbian, gay, bisexual and transgender) community and LGBT individuals. The rights Dr Behrens explores include freedom of discrimination under ICESCR, as well as rights relating to housing, health, education, and culture. The report draws in particular on insights from observations that the Committee on Economic, Social and Cultural Rights (a body of 18 independent experts which monitors the implementation of the treaty) has issued and has, for that purpose, examined more than 200 "Concluding Observations" (the Committee's views on the compliance of individual States with their obligations under the treaty).
Dr Behrens said: "This is a treaty of great significance for LGBT matters. Its impact is felt in so many areas of everyday concern, ranging from homelessness experienced by LGBT persons to freedom from hate crimes and hate speech, and from protection against homophobic bullying in schools to participation in sports free from discrimination on grounds of sexual orientation and gender identity. It is particularly interesting to see how topics at the centre of debate in Scotland, such as the legal recognition of gender identity, have been addressed in this context too. The Committee on on Economic, Social and Cultural Rights, for instance, called for the adoption of efficient procedures for legal gender recognition and the UN High Commissioner for Human Rights observed that such procedures should take self-identification as their basis, should be a "simple administrative process" and "give minors access to recognition of their gender identity"".
Dr Behrens' report is of particular relevance in view of plans by the Scottish Government to incorporate four major human rights treaties into Scottish law, of which ICESCR is one. In this regard, the Scottish government has noted that it wants to ensure that courts and tribunals can apply and interpret the relevant rights "in line with international human rights law, materials and mechanisms". This is a welcome development, as Dr Behrens notes. "It is particularly good that the government wants to include the General Comments and Concluding Observations of the Committee on Economic, Social and Cultural Rights in that," he said, "but this is also a necessary step if the aim is to achieve an effective implementation of these important rights in Scottish law and to give individuals the opportunity to rely on them in legal proceedings."