The Optional Protocol to the International Covenant on Economic,Social and Cultural Rights(hereinafter referred to as the"Optional Protocol"),aimed at resolving the challenges surrounding the justiciability of economic,social and cultural rights(ESCR),has been in effect for eleven years.However,this does not signify a definitive resolution of the jus-ticiability dilemma.A review of the Covenant's negotiation history reveals that states reached a valuable consensus on the domestic justiciability of ESCR.However,significant concerns per-sist,regarding the scope,methods,and standards of admissibility,as well as substantive is-sues in international justiciability.Since the adoption of the Optional Protocol,its acceptance and the operation of individual communication procedures have been far from ideal,further ex-acerbating the international justiciability challenges of ESCR.To address these challenges,indi-vidual communication procedures concerning ESCR must strike a balance between international oversight and national sovereignty.In terms of procedural issues,the Committee on Economic,Social and Cultural Rights(CESCR)should fully leverage admissibility criteria to screen indi-vidual communications and ensure procedural safeguards,while adhering to the boundaries of responsibilities within international human rights monitoring mechanisms.In terms of substantive issues,the Committee should further clarify the"reasonableness standard"as the substantive review criterion,avoiding ceiling-like requirements for contract states and minimizing interfer-ence with their discretion.This approach would allow the development of a predictable standard of review that combines stability and flexibility.
Economic,Social and Cultural Rights/Optional Protocol to the Internation-al Covenant on Economic,Social and Cultural Rights/Committee on Economic,Social and Cultural Rights/Individual Communication Procedure/Reasonableness Standard
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