Ethics Through Current Development (03-03-2023)

  1. Deep within, we all are averse to corruption READ MORE
  2. How To Reconcile Management And Morality In Today’s Gilded Age READ MORE



Today’s Important Articles for Geography (03-03-2023)

  1. A plateau? Global CO2 emissions rose less than initially feared in 2022, says IEA READ MORE
  2. South Asia’s human capital is the resilience it needs READ MORE



Today’s Important Articles for Sociology (03-03-2023)

  1. South Asia’s human capital is the resilience it needs READ MORE
  2. Post-Covid education READ MORE
  3. Understanding intergenerational educational mobility with conflicting evidence READ MORE
  4. Does EWS Reservation Redraft the Principles of Social Justice? READ MORE



Today’s Important Articles for Pub Ad (03-03-2023)

  1. Supreme Court verdict will ensure a more independent Election Commission READ MORE
  2. SC corrects error of Commission, with one omission: For true functional independence, EC should also be made accountable to a parliamentary committee READ MORE
  3. SC ruling on ECI marks a new era READ MORE
  4. Collegium for Appointing Election Commissioners: What Next? READ MORE
  5. Explainer: Why the SC took away the government’s discretion to appoint election commissioners READ MORE
  6. The Dam Safety Act, 2021: Asymmetry in Indian Federalism READ MORE



WSDP Bulletin (03-03-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Supreme Court verdict on ECI appointments READ MORE  
  2. India, Italy elevate ties to strategic partnership, sign MoU on defence cooperation READ MORE
  3. Appointment of an Election Commissioner with tenure less than six years is a clear breach of law: Supreme Court READ MORE
  4. India’s jobless rate rose to 7.45% in Feb.: CMIE READ MORE
  5. Ornamental fish aquaculture to help Lakshadweep women READ MORE
  6. Adani-Hindenburg report: SC sets up a probe panel, also asks Sebi to investigate READ MORE
  7. News broadcasters seek exemption from advisory on national interest content READ MORE
  8. SC Collegium recommends 7 as judges for Gujarat HC READ MORE
  9. Fossil fuels firms failed to curb methane emission: What IEA’s annual report says READ MORE
  10. African dryland trees store less carbon than believed earlier, finds study READ MORE
  11. How Lunar Cycles Guide the Spawning of Corals, Worms and More READ MORE

Main Exam

GS Paper- 1

  1. South Asia’s human capital is the resilience it needs READ MORE
  2. Post-Covid education READ MORE
  3. Our Fragile Coasts: Scientific Approaches and Solutions READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Supreme Court verdict will ensure a more independent Election Commission READ MORE
  2. SC corrects error of Commission, with one omission: For true functional independence, EC should also be made accountable to a parliamentary committee READ MORE
  3. SC ruling on ECI marks a new era READ MORE
  4. Collegium for Appointing Election Commissioners: What Next? READ MORE
  5. Explainer: Why the SC took away the government’s discretion to appoint election commissioners READ MORE
  6. The Dam Safety Act, 2021: Asymmetry in Indian Federalism READ MORE

SOCIAL ISSUES

  1. Understanding intergenerational educational mobility with conflicting evidence READ MORE
  2. Does EWS Reservation Redraft the Principles of Social Justice? READ MORE

INTERNATIONAL ISSUES

  1. Positing India’s stand on the Ukraine war READ MORE
  2. Japan’s new defence strategy and the move away from pacifism READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Data dissonance: On the revised GDP estimates READ MORE

SCIENCE AND TECHNOLOGY

  1. Generative AI and Large Language Models: The AI Gold Rush READ MORE

ENVIRONMENT AND ECOLOGY

  1. A plateau? Global CO2 emissions rose less than initially feared in 2022, says IEA READ MORE

SECURITY

  1. Cyberattacks are rising, but there is an ideal patch READ MORE
  2. Dealing with the cyber threats READ MORE

DISASTER MANAGEMENT

  1. Lessons from Turkey: How to make India earthquake prepared READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Deep within, we all are averse to corruption READ MORE
  2. How To Reconcile Management And Morality In Today’s Gilded Age READ MORE

Questions for the MAIN exam

  1. Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’. Critically comment with reference to the technological advancement in recent times.
  2. Despite efforts to ensure their wellbeing, the Adivasi community remains one of the most deprived in India. In light of this statement critically analyse the steps taken by Government of India to address the issues of Adivasi community.

QUOTATIONS AND CAPTIONS

  • Strategy is not the consequence of planning, but the opposite: its starting point.
  • The post of the Governor, a relic of the colonial era, often becomes a fifth wheel and a clog to democratic governance, when provincial autonomy is diluted, or an elected government is derailed.
  • Federalism is an integral part of the basic structure of our Constitution, and it is intertwined inextricably with the unity and integrity of the nation.
  • Despite recommendations of the Sarkaria and Venkatachaliah Commissions, active party politicians have been appointed as Governors. There are instances of young party loyalists being appointed as Governors who were later sworn in as Ministers in the States.
  • A look at the estimated receipt and expenditure position of Budget 2023-24 would make it clear that the Government is consciously ignoring the fiscal consolidation measures enunciated in the last year’s budget.
  • The judicial system ought not to enjoy unfettered freedom in the name of the independence of the judiciary.
  • There is a need for a reformed mechanism for the appointment of judges to the constitutional courts where the judiciary and executive could amicably come to the conclusion.
  • The rule of law requires that law be applied consistently & impartially.
  • Smart technologies and solutions thus have the potential to alter the entire value chain of businesses across industries.
  • Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’; end users must be made aware of its drawbacks.
  • A country that is fast emerging as a global leader cannot afford to let an unhealthy preoccupation with the past cast a shadow on its promising future.
  • Technical and operational gaps leading to inclusion or exclusion errors must be plugged to ensure the money reaches the intended beneficiaries.
  • Reducing the inevitable negative impact of conflicts between major powers on the forum will be a diplomatic achievement for Delhi in G20.

ESSAY TOPIC

  • The secret of all victory lies in the organisation of the non-obvious.

50-WORD TALK

  • Justice Joseph’s five-judge bench should take pride in its order on Election Commission appointments and toss aside the whataboutery it has unleashed. We can’t mix it up with judges’ appointments collegium. It’s a different and valid debate. For now, hail a much-needed and belated reform in a key constitutional body.
  • If a share is overpriced, it’s for the market to make that discovery and punish it. Which it has done with Adani by knocking Rs 12 trillion in value. Regulator SEBI has managed the volatility calmly. Supreme Court’s intervention is unnecessary, anti-market and undermines a due process that’s working brilliantly.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



TOPIC : AN ANALYSIS OF THE ADVANCE DIRECTIVE ISSUE

THE CONTEXT: A five-judge SC bench decided to modify the 2018 rules for advance medical directives to make them more workable and simpler. Earlier, in 2018 Supreme Court granted legal status to the concept of advance medical directives and allowed passive euthanasia to recognize patient autonomy and the right to a dignified death. In this regard, this article will analyze the concept of advanced medical directives and related issues by comparing earlier and recent judgement of the Supreme Court on the issue.

WHAT IS AN ADVANCE MEDICAL DIRECTIVE?

  • Advance directives are legal documents extending a person’s autonomy and control over their healthcare decision if they become incapacitated.
  • These directives enable individuals to communicate preferences regarding medical treatment, end-of-life care and other aspects of care, as well as designate a surrogate decision-maker ahead of time before being incapacitated.
  • It ensures that the wishes of the executor are honoured, even when they are incapable of making a decision or their decision-making capacity is severely impaired.

There are 2 primary types of advance directives:

  • Living will: A living will is a limited document that expresses a person’s preferences for their medical treatment and care, normally in connection with end-of-life health care decisions.
  • Durable power of attorney for health care: It designates a surrogate decision maker. In a durable power of attorney for health care, one person (the principal) names another person (the agent, proxy, health care representative, or surrogate, depending on the state) to make decisions about health care and only health care.

2018 JUDGMENT OF SUPREME COURT ON ADVANCE DIRECTIVE

  • In March 2018, a Constitution Bench of the Supreme Court recognized the right to die with dignity as a fundamental right under Article 21.
  • It has the legalized concept of advance medical directives and “passive euthanasia”, subject to stringent safeguards, which includes ending life-sustaining treatment for terminally ill patients.
  • It was seen as a vital recognition of both patient autonomy over end-of-life decisions and the right to a dignified death.
  • It also laid down guidelines for terminally ill patients to enforce the right, through an advance medical directive or living will, a legal document that details a person’s wishes for future medical procedures.
  • However, doctors later found that some of the specific directions turned out to be obstacles and guidelines and the cumbersome procedures laid down by the Court made it difficult for these patients to execute a living will.

RECENT JUDGMENT OF THE SUPREME COURT ON ADVANCE DIRECTIVE

  • The recent verdict came after a PIL filed by NGO Common Cause seeking recognition of the “living will” made by terminally ill patients for passive euthanasia.
  • The Constitution Bench of the Supreme Court issued a judgment in Common Cause v. Union of India And Anr seeking modification of the guideline or Living Will/Advance Medical Directive. Modifications were sought under three broad parameters – contents, method of recording and implementation of advance directive.
  • The top Court had said that it will not review its 2018 judgment on passive euthanasia and it is up to legislature to enact a law for terminally ill patients wanting to stop treatment and will only make the guidelines on “living will” more workable.
  • The Court had laid down principles related to the procedure for execution of advance directives and spelt out guidelines and safeguards to give effect to passive euthanasia in both circumstances where there are advance directives and where there are none.
  • Based on an application filed by the Indian Society for Critical Care Medicine (ISCCM), the apex court’s modification of the procedure has made the “right to die with dignity” more accessible and less bureaucratic.
  • During the course of the hearing, it was made abundantly clear that the directions issued by the Court are to be in effect only till the law is enacted in the field.

COMPARISON OF BOTH THE JUDGMENT

ROLE OF JUDICIAL MAGISTRATE OF FIRST CLASS

2018 judgment

2023 judgment

Countersign of the jurisdictional judicial magistrate of first class was required. The officer was further required to record and preserve the document.

It is sufficient for an advanced directive to be attested before a notary or a gazetted officer. The requirements for it to be countersigned or presereved by a judicial magistrate have been dispensed with.

ROLE OF DISTRICT COURT REGISTRY

The judicial magistrate was required to forward a copy of the document to the registry of the jurisdictional district court, which would have to retain the document in its original format.

This requirement has been deleted.

PRELIMINARY OPINION

A medical board, comprising the head of the department, and at least three experts from the fields of general medicine, cardiology, neurology, nephrology, psychiatry or oncology with experience in critical care and with overall standing in the medical profession of at least twenty years, had to be constituted.

A primary medical board, consisting of the treating physician and at least two subject experts of the concerned speciality with at least five years’ experience, will be constituted. This board will form a preliminary opinion preferably within 48 hours of the case being referred to it

WITHDRAWAL OF TREATMENT

The decision of the medical board constituted by the collector had to be conveyed by the chairman, i.e., the chief district officer, to the judicial magistrate, who would then authorize the withdrawal of treatment after visiting the executor at the earliest and examining all aspects.

It is sufficient for the hospital to simply convey the decision of the primary and secondary medical boards and the consent of the person or persons named in the advance directive to the judicial magistrate before giving effect to the decision to withdraw the medical treatment administered to the executor. It is no longer necessary to wait for the judicial magistrate’s authorization.

REFUSAL BY FIRST MEDICAL BOARD

If the hospital medical board took a decision not to follow an advance directive, it had to make an application to the medical board constituted by the collector for considering and passing appropriate directions with respect to the document.

If the primary medical board takes a decision not to follow an advance directive, the nominees of the executor can request the hospital to refer the case to the secondary medical board for consideration and for passing appropriate directions.

APPEAL BEFORE THE HIGH COURT

If permission to withdraw treatment being administered to the executor was denied by the medical board, it would be open to the executor, his nominee, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

If permission to withdraw treatment being administered to the executor is denied by the secondary medical board, it is open to the nominees of the executor, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

ANALYSIS OF THE JUDGEMENT

  • Less Cumbersome Process: Supreme Court agreed to make this process less cumbersome by modifying the existing guidelines. A magistrate will no longer play a role in the execution and implementation of an advance directive. The Court also simplified the composition of the medical boards that must determine whether life-support systems can be withdrawn. Further, it set time limits for these boards to take such decisions.
  • Real time implementation: There is consensus that the guidelines have become significantly less unwieldy, thereby enabling them to be implemented in real-time situations.
  • Protection of fundamental rights: The judgement ensured the Court’s Constitutional obligation to protect the rights of the citizens as enshrined under Article 21 of the Constitution.
  • Need of legislation by Parliament: While such guidelines are useful and necessary to implement the concept of a ‘living will’ and advance medical directives, it is time for Parliament to come out with a comprehensive law. Such a law could also provide for a repository of advance directives so that the need to ascertain afresh its genuine nature does not arise at the time of its implementation.
  • Issue of ‘’Mind over Body’’: Another dimension arose of issue of mind over body as the Court pointed to the case of renowned physicist Stephen Hawking, who despite the daunting diagnosis of amyotrophic lateral sclerosis, lived till 76 years. Formula One race car driver Michael Schumacher, who is reportedly in a coma for years after a skiing accident, may again wake up.
    Court said there have been cases of “mind over body” and expressed its concern over the issue.

SITUATION IN WORLD REGARDING ADVANCE DIRECTIVE

The techniques and quality standards being used in advance medical directives are comparable in all Western countries. However, each state and country has their own way of dealing with the issue.

UNITED KINGDOM

UK considers the passive euthanasia as illegal and equivalent to manslaughter and does not promote this.

UNITED STATES OF AMERICA

USA has different laws in different states. While some states do not allow for euthanasia and on the other hand, euthanasia is allowed in some states like Washington, Oregon, and Montana. Advance Directive came in the year 1997, in Oregon for the first time a person’s right to end his life was recognized in law.

CANADA

Canada had announced that euthanasia and assisted dying would be allowed for mentally ill patients, however, the decision has been widely criticized.

SWITZERLAND

Switzerland has banned euthanasia but allows assisted dying in the presence of a doctor or physician.

BELGIUM

Belgium allow both euthanasia and assisted suicide (active euthanasia) for anyone who faces “unbearable suffering” that has no chance of improvement.

ISSUES RELATED TO ADVANCE DIRECTIVE

  • Execution of the advance directive: The issue arise is related to proper execution of living will as in the advance directive is that no one, not even his next of kin, can force him to put on a ventilator which makes execution of living will very cumbersome.
  • Multiple stakeholders: Another issue raised in the involvement of multiple stakeholders in the procedure which makes the process unworkable.
  • Implementation of the Directive with reference to future advancements: There is a concern that if a person signs an advance directive today, but when the person is actually afflicted with the disease, there are there are huge advancements in the field of medical sciences and the disease becomes curable and in that case if a person is permitted to refrain from getting treated even when the disease is curable it might be so that they are devaluing the value of life itself.
  • Definition of terminal illness: Real challenge lies in defining terminal illness. The ‘definition of terminal illness’ is a grey area in the whole debate of euthanasia. The Second grey area is the ‘definition of death’.
  • Issue of privacy and dignity: As advance medical Directive is to be executed in the presence of two attesting witnesses, preferably independent, and countersigned by a Judicial Magistrate of the First Class. This raises the issue of privacy and dignity, which is likely to discourage ordinary citizens from executing advance medical directives.

THE WAY FORWARD

  • Death literacy and awareness: Experts believe that there is a need of “death literacy” and awareness among people that will enable them to exercise their right to take charge of their last day.
  • Need to be written in a standardized way: Advance medical directives or living wills need to be written in a fairly standardized way so that it does not appear vague and is easy to execute and understandable to ordinary citizens.
  • Need of Flexibility: At the same time, the advance directive needs to be flexible in approach, so that medical decisions at critical times can be taken on case to case basis.
  • Removal of uncertainty: Common Cause emphasized that these clarifications/ modifications are necessary to remove the uncertainty regarding the withholding or withdrawal of life-sustaining treatment that currently prevails throughout the medical community in India.
  • Effective and workable implementation: It is necessary to ensure that the processes for the withholding or withdrawal of life-sustaining treatment are workable and give effect to the tenets of the Supreme Court’s judgment, that is, the right to refuse life-sustaining treatment and to die with dignity.

THE CONCLUSION: There is a need to recognize these documents and encourages their use as a simple legal tool by which people can express their wishes and have them honored. However, formal advance directives are not the only means of expressing such wishes. Both common law and constitutional principles are needed to direct that any authentic, clear expression of patients’ wishes should be honoured if within the scope of generally accepted medical standards.

MAINS QUESTIONS

1. Supreme Court’s recent judgement legalized the concept of advance medical Directive. How it ensured a person’s autonomy and control over their healthcare decision?
2. The right to die with dignity is recognized as a fundamental right in India under Article 21. Explain and compare it with the situations in other countries around the world.




Day-391 | Daily MCQs | UPSC Prelims | POLITY

[WpProQuiz 436]




TOP 5 TAKKAR NEWS OF THE DAY (2nd March 2023)

INTERNATIONAL RELATIONS

1. WINDSOR FRAMEWORK

TAGS: PRELIMS-GS-II-INTERNATIONAL RELATIONS

THE CONTEXT:Recently, the United Kingdom and the European Union struck a deal regarding post-Brexit trade rules for Northern Ireland, with a view to remove the border between Britain and Northern Ireland running through the Irish Sea.

THE EXPLANATION:

  • The fact that the Republic of Ireland remained with the EU after Brexit led to complications on the trade front, a wrinkle that the U. K.’s conservative government ironed out with the Northern Ireland Protocol.
  • However, the Protocol, which allowed EU customs rules to apply across Northern Ireland, led to tensions in the province. The Windsor framework is the latest attempt at a remedy to the political complexities that have impacted trade and sentiments in the area.
  • The ‘Windsor Framework’ will replace the Northern Ireland Protocol, which had proved to be among the thorniest of Brexit fall-outs, creating problems both economic and political.

What are the salient features of the Framework:

The framework has two crucial aspects:

  • Introduction of a green lane and red lane system – For goods that will stay in Northern Ireland and those that will go to the EU respectively.
  • The Stormont Brake – it allows Northern Ireland lawmakers and London to veto any EU regulation they believe affects the region adversely.
  • The two-lane system– British goods meant for Northern Ireland will use the green lane at the ports and will be allowed to pass with minimal paperwork and checks.
  • Physical checks will be conducted if the goods are deemed suspicious, in place of the routine checks now.
  • Goods destined for Ireland or the rest of the EU will have to take the red lane, with the attendant customs and other checks.

The Northern Ireland Protocol:

  • The Northern Ireland Protocol is a trading agreement that was negotiated in 2020 between the U.K. and the E.U.
  • Under the protocol, both the U.K. and E.U. agreed that the inspection of goods would be conducted between Great Britain and Northern Ireland.
  • Northern Ireland remained in the EU single market, and trade-and-customs inspections of goods coming from Great Britain took place at its ports along the Irish Sea.

Issues related to the Northern Ireland Protocol :

  • The protocol has led to political division in Northern Ireland.
  • The checks made trade between Great Britain and Northern Ireland cumbersome, with food products, especially, losing out on shelf life while they waited for clearance. Some taxation and spending policies of the UK government could not be implemented in Northern Ireland because of EU rules.
  • The sale of medicines, too, was caught between different British and EU rules.

2. RAISINA DIALOGUE

TAGS: PRELIMS-GS-II-INTERNATIONAL RELATIONS

THE CONTEXT:Prime Minister recently  inaugurated the eighth edition of the Raisina Dialogue in New Delhi. Italian Prime Minister Giorgia Meloni is the Chief Guest of the three-day Dialogue.

THE EXPLANATION:

The theme of the 2023 Edition is “Provocation, Uncertainty, Turbulence: Lighthouse in the Tempest.”

 About Raisina Dialogue:

  • The Raisina Dialogue is a multilateral conference held annually in New Delhi, India. Since its inception in 2016, the conference has emerged as India’s flagship conference on geopolitics and geo-economics. The conference is hosted by the Observer Research Foundation, an independent think tank, in collaboration with the Ministry of External Affairs of India.
  • The conference is structured as a multi-stakeholder, cross-sectoral discussion, involving a variety of global policymakers including heads of states, cabinet ministers and local government officials. In addition, the Dialogue also welcomes major private sector executives, as well as members of the media and academia. It is designed on the lines of Singapore’s Shangri-La Dialogue.
  • The name “Raisina Dialogue” comes from Raisina Hill, an elevation in New Delhi, seat of the Government of India, as well as the Presidential Palace of India, Rashtrapati Bhavan.

3. PROTON BEAM THERAPY

TAGS: PRELIMS-GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT:Cancer patients in India face twin challenges when it comes to accessing proton beam therapy (PBT): there are not enough facilities offering the treatment, and the cost can run into tens of lakhs of rupees.

THE EXPLANATION:

  • The PBT is considered a viable alternative to radiation for treating solid tumours, especially for head and neck cancers.
  • According to hospitals, that it has treated up to 900 patients in its Chennai-based Proton Cancer Centre, of which 47% of cases are brain tumours. Patients with cancers of the prostate, ovaries, breast, lungs, bones and soft tissues have also seen promising results in terms of recovery through proton beam therapy.

ABOUT PROTON BEAM THERAPY:

  • Proton beam therapy, is a type of radiation therapy. It uses protons rather than x-rays to treat cancer.
  • A proton is a positively charged particle. At high energy, protons can destroy cancer cells. Doctors may use proton therapy alone. They may also combine it with x-ray radiation therapy, surgery, chemotherapy, and/or immunotherapy.
  • Unlike radiation which uses X-rays, PBT uses protons to tackle cancer. While radiation can prove toxic to the whole body, protons can destroy cancer cells precisely by targeting tumours, thus saving adjoining organs.

4. INDIA’S FIRST PROSPECTIVE DNA VACCINE

TAGS: PRELIMS-GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT:In a significant development in DNA vaccination research, India’s first and only DNA vaccine candidate for dengue has shown promising results.

THE EXPLANATION:

  • In preliminary trials on mice, the candidate generated a robust immune response and improved survival rates after exposure to the disease.
  • According to researchers, the world’s first DNA vaccine—ZyCoV-D, developed by Ahmedabad-based pharmaceutical firm Zydus Cadila—was approved in 2021 for emergency use against COVID-19. Globally, DNA vaccines are being developed for diseases like tuberculosis and chikungunya. Some 19 DNA dengue vaccines are being evaluated, but yet to reach final clinical trials.

What is DNA Vaccine?

  • A DNA vaccine is a type of vaccine that transfects a specific antigen-coding DNA sequence into the cells of an organism as a mechanism to induce an immune response.
  • DNA vaccines work by injecting genetically engineered plasmid containing the DNA sequence encoding the antigen(s) against which an immune response is sought, so the cells directly produce the antigen, thus causing a protective immunological response.
  • DNA vaccines have theoretical advantages over conventional vaccines, including the “ability to induce a wider range of types of immune response”.Several DNA vaccines have been tested for veterinary use.
  • In some cases, protection from disease in animals has been obtained, in others not. Research is ongoing over the approach for viral, bacterial and parasitic diseases in humans, as well as for cancers.
  • In August 2021, Indian authorities gave emergency approval to ZyCoV-D. Developed by Cadila Healthcare, it is the first DNA vaccine approved for humans.

PRELIMS PERSPECTIVE

5. UNITED NATIONS COMMITTEE ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The representatives of fugitive ‘godman’ Nithyananda’s self-proclaimed country, the United States of Kailasa (USK), attended a discussion conducted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) recently.

THE EXPLANATION:

About United Nations Committee on Economic, Social, and Cultural Rights:

  • The Committee on Economic, Social, and Cultural Rights (CESCR) is the body of 18 independent experts that monitors the implementation of the International Covenant on Economic, Social, and Cultural Rights by its States parties.
  • It was established under ECOSOC Resolution 1985/17 in 1985.
  • All States parties are obliged to submit regular reports to the Committee on how economic, social, and cultural rights are being implemented.
  • States must report initially within two years of accepting the Covenant and thereafter every five years.
  • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.
  • The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which entered into force in 2013, gives the Committee competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated.
  • The Committee meets in Geneva and normally holds two sessions per year.

Objectives :

  • to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.
  • Drawing on the legal and practical expertise of its members.
  • It also helps States in fulfilling their obligations under the Covenant by issuing specific legislative, policy, and other recommendations so that economic, social, and cultural rights are better protected.

It seeks to:

  • develop a constructive dialogue with State parties
  • determine whether the Covenant’s norms are being applied in State parties
  • assess how the implementation and enforcement of the Covenant could be improved