Approving The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Adopted By The Un General Assembly In New York, The 10 Of December 2008

Original Language Title: Aprova o Protocolo Facultativo ao Pacto Internacional sobre os Direitos Económicos, Sociais e Culturais, adotado pela Assembleia Geral das Nações Unidas, em Nova Iorque, a 10 de dezembro de 2008

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PRESIDENCY of the COUNCIL of MINISTERS 1 motion for a resolution paragraph 47/XII ratification by Portugal, of the Optional Protocol to the International Covenant on economic, social and cultural rights, adopted on 10 December 2008, by the United Nations General Assembly in New York, and signed by the Portuguese Republic the September 24 2009, assumes great importance for the further degree of protection that will give Economic rights , Social and cultural rights, and also due to the important role that Portugal played in your creation, having chaired the United Nations working group in charge of your negotiation. The Optional Protocol to the International Covenant on economic, social and cultural rights constitutes a new instrument in the field of human rights, which will allow the citizens of the countries which are Contracting Parties to the International Covenant on economic, social and cultural rights and of this Protocol, as well as the other States parties of these same two instruments, submit complaints to the United Nations in cases of alleged violations by States parties of the Economic Rights Social and cultural, and after internal routes of appeal have been exhausted. Portugal is, since 1978, Part of the International Covenant on economic, social and cultural rights, signed by the Portuguese Republic the 7 October 1976 and approved for ratification by Act No. 45/78, of 11 July, having the respective deposit of the instrument of ratification with the Secretary-General of the United Nations was made July 1978 31 as Notice of the deposit of the instrument of ratification, of the Ministry of Foreign Affairs, published in the Diário da República, 1st series, no. 244, of 23 October 1978. The same came into force in the Portuguese legal order 31 October 1978.

PRESIDENCY of the COUNCIL of MINISTERS 2 with the ratification of this Protocol, the economic, social and cultural rights shall have a mechanism identical to that exists, since 1966, to civil and political rights, thus contributing to strengthening the universal, indivisible character, interrelated and interdependent human rights, and to ensure the strict compliance with this international instrument. Accordingly, the Portuguese Republic promotes the recognition of the jurisdiction of the respective Committee for economic, social and cultural rights. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: 1-Approve the Optional Protocol to the International Covenant on economic, social and cultural rights, adopted at New York on 10 December 2008, the text in the authentic version in the English language and its translation in Portuguese language , published in the annex. 2-Recognizing the competence of the Committee on economic, social and cultural rights, in accordance with and for the purposes set out in articles 10 and 11 of the Optional Protocol to the International Covenant on economic, social and cultural rights.

Seen and approved by the Council of Ministers of September 20 2012 PRESIDENCY Prime Minister COUNCIL of MINISTERS 3 the Minister of State for Foreign Affairs Deputy Minister and Parliamentary Affairs

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