CHAPTER 5: NHRIS, HUMAN DEVELOPMENT AND DEMOCRATIC GOVERNANCE >> Example: Substantive content of economic, social and cultural rights obligations SUBSTANTIVE CONTENT OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS OBLIGATIONS Human rights (including economic and social rights) standards are becoming more clearly defined both internationally and nationally. Courts in a wide range of countries and legal systems— such as Argentina, the Dominican Republic, Finland, India, Latvia, Nigeria and South Africa—have been giving meaning to obligations associated with economic, social and cultural rights, including in connection with workers’ rights and the rights to food, social security, adequate housing, health and education. For example, in 2002 the Constitutional Court of South Africa declared that the Government had breached its human rights obligations by failing to take reasonable measures (at affordable cost) to make wider provision of anti-retroviral medication to prevent mother-to-child transmission of HIV. This decision and the grass-roots campaign surrounding it has saved many lives. Decisions of the Supreme Court of India, including a 2002 decision concerning the right to food in the context of a preventable famine in Rajasthan, have likewise had a significant beneficial impact in a number of States in that country. The successful outcomes in these cases are to a great extent attributable to the fact that litigation strategies were integrated within wider social mobilization processes. OHCHR. Frequently Asked Questions on A Human Rights-Based Approach To Development Cooperation. 2006 Even for those that have jurisdictional restrictions for economic, social and cultural rights, these restrictions usually apply only to the power to investigate complaints and do not typically restrict the promotional role of NHRIs to advise governments, educate the public about these issues or to monitor and comment on their application nationally. It is clearly possible, therefore, for national institutions to develop and institute programming in a variety of areas that mesh with development goals. These include the eradication of poverty, improvement of governance, the empowerment of vulnerable persons and the equalisation of opportunities. NHRIs should include details of their mandate and relevant activities when preparing comments or assisting in preparing reports to the Treaty Body under the ICESCR. NHRI activities in the area should include:9 11 promoting educational and information programmes designed to enhance awareness and understanding of economic, social and cultural rights, both within the general public and among particular groups, such as the public service, the judiciary, the private sector and the labour movement; 11 scrutinising existing laws, administrative acts, draft bills, and other proposals to ensure that they are consistent with the requirements of the ICESCR; 11 providing technical advice or undertaking surveys in relation to economic, social and cultural rights; 11 identifying national benchmarks for measuring the progressive realisation of economic, social and cultural rights; 11 conducting research, monitoring and/or inquiries to ascertain the extent of realisation of particular economic, social and cultural rights, at the national or regional level, or in relation to specific vulnerable  communities; and 11 monitoring compliance with regard to specific rights under the Covenant and providing reports to pubic authorities and civil society. On 10 December 2008, the General Assembly adopted resolution A/RES/63/117, on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol authorises the Committee to receive and consider communications from involving State parties to the Covenant that become a Party to the Protocol. It further provides that at Article 2 that communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the economic, social and cultural rights set forth in the Covenant by that State Party. As a new procedure in the area of ESC rights, NHRIs will have key role in lobbying for ratification General comment n. 10, The role of national human rights institutions in the protection of economic, social and cultural rights, online: (1998), E/C.12/1998/25, CESCR. <http://www.unhchr.ch/tbs/ doc.nsf/(Symbol)/af81bf2fed39cec1802566d50052f53b?Opendocument>. 9 85