int_cescr_ngo_bra_42_8192_e

COUNTER REPORT
BY BRAZILIAN
CIVIL SOCIETY ON THE BRAZILIAN STATE'S COMPLIANCE WITH THE INTERNATIONAL
CONVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) [pic] [pic] [pic] [pic]
CONTENTS
PRESENTATION
INTRODUCTION GENERAL ASPECTS A LOT IS STILL NEEDED TO BE DONE TO REALISE ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
Institutional aspects
UN Committee on Economic, Social and Cultural Rights and Brazil
Inequality and Economic, Social and Cultural Rights
Structural adjustments and Economic, Social and Cultural Rights
Economic, Social and Cultural Rights and Public policies
Proposed Recommendations SPECIFIC ASPECTS CHAPTER I - THE RIGHT TO SELF-DETERMINATION AND A HEALTHY
ENVIRONMENT - 39
General status of the Right
Legislation and Case law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER II - CONDITIONS NEEDED AND MEASURES TAKEN TO REALISE ECSR
AND THE RIGHT TO NOT BE DISCRIMINATED AGAINST - 72
General status of the Right
Legislation and Case law
Public policies
Civil Society Initiatives
Proposals for Recommendations
CHAPTER III - WOMEN AND ECONOMIC, SOCIAL AND CULTURAL RIGHTS - 120
General status of the Right
Legislation and Case law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER IV - THE RIGHT TO WORK, REST, LEISURE AND THE RIGHT TO
STRIKE, JOIN TRADE UNIONS AND SOCIAL GROUPS - 167
General status of the Right
Legislation and Case law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER V - THE RIGHT TO SOCIAL SECURITY (STATE PENSIONS AND SOCIAL
WELFARE) - 200
General status of the Right
Legislation and Case Law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER VI - THE RIGHT TO PROTECTION OF THE FAMILY, MOTHERHOOD,
CHILDREN, ADOLESCENTS AND YOUNG PEOPLE - 211
General status of the Right
Legislation and Case Law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER VII - THE RIGHT TO LIVE IN DIGNITY (TO FOOD AND HOUSING) -
234
General status of the Right
Legislation and Case law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER VIII - THE RIGHT TO HEALTH CARE - 267
General status of the Right
Legislation and Case Law
Public policies
Civil Society Initiatives
Proposed Recommendations
CHAPTER IX - THE RIGHT TO EDUCATION - 297
General status of the Right
Legislation and Case Law
Public policies
Civil Society initiatives
Proposed Recommendations
CHAPTER X - THE RIGHT TO CULTURE - 316
General situation of the Right
Legislation and Case Law
Public politics
Initiatives of the Civil Society
Proposed Recommendations BIBLIOGRAPHY - 337 PARTICIPATING ORGANISATIONS - 350
EDITORIAL STAFF Brazilian Civil Society's Shadow Report on the Brazilian State's
compliance with the International Covenant on Economic, Social and
Cultural Rights is the result of an extensive process of
mobilization and preparation, which began in February 2005 and
involved hundreds of organizations and group leaders from across
Brazil, coordinated by four national networks:
ARTICULAÇÃO DOS PARCEIROS DE MISEREOR NO BRASIL - Misereor
NATIONAL HUMAN RIGHT S MOVEMENT - MNDH
PLATAFROMA BRASILEIRA DE DIREITOS HUMANOS ECONÔMICOS, SOCIAIS,
CULTURAIS E AMBIENTAIS (Plataforma DhESCA Brasil)
PROCESSO DE ARTICULAÇÃO E DIÁLOGO ENTRE AS AGÊNCIAS ECUMÊNICAS
EUROPÉIAS E SUAS CONTRAPARTES BRASILEIRAS (PAD Brasil and EuroPAD) The General Co-ordination of the project involved representatives
from the following networks :
Cláudio Moser - Misereor
Daniel Rech - Parceiros de Misereor
Enéias da Rosa - Platforma DESCA Brasil
Irene Maria dos Santos - MNDH
Julia Esther Castro França - PAD
Luciano Wolff - EuroPAD
Maria Elena Rodriguez - Platforma DESCA Brasil
Paul Cesar Carbonari - MNDH
The Executive Secretariat for the National Human Rights Movement,
with its seat at the Central Institute of Brasil (IBRACE), was held
by:
Flávio Diniz (until March 2007) and
Enéias da Rosa (from April 2007)
The Co-ordination of the systematization and the final version of
the report was carried out by:
Paulo César Carbonari - MNDH
The Coordination of the Revision process and the final version of
the Specific Chapters was carried out by:
CHAPTER 1 - Marcelo Brito dos Santos - CDH Marçal de Souza (MS)
CHAPTER 2 - Adriana Loche - CSDDH (SP)
CHAPTER 3 - Marlene Libardoni - AGENDE (DF)
CHAPTER 4 - Ana Cláudia Lins de Oliveira - SDDH (PA)
CHAPTER 5 - José Moroni - INESC (DF)
CHAPTER 6 - Patrícia Campos - CEDECA (CE)
CHAPTER 7 - Adriana Valle Mota - NOVA (RJ)
CHAPTER 8 - Fabianny Castro Andrade - CJP (RO)
CHAPTER 9 and 10 - Salomão Ximenes - Educative Action (SP)
Those who supported the implementation of the whole process:
Misereor and EuroPAD Agencies. When making reference to the work:
MISEREOR, MND, Plataforma DhESCA BRASIL, PAD. A SHADOW REPORT BY
BRAZILIAN CIVIL SOCIETY ON THE BRAZILIAN STATE'S COMPLIANCE WITH THE
INTERNATIONAL CONVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
(ICESCR).Brasilia, 2007. Extensive use of this document is encouraged and it can be quoted,
referred to and reproduced by all the organisations that
participated in the process and all Brazilian civil society
organisations. To all other interested parties, it is asked that you
first request permission from the organisations that coordinated the
process. PRESENTATION Diverse organizations, representing Brazilian Civil Society, which
work in the fight for the defence and promotion of human rights in
Brazil, have together drawn up a systemised document of reflections-
this very Shadow Report. The purpose of this process is to construct
autonomous and independent instruments and mechanisms for monitoring
the fulfilment of the Brazilian State's commitment to the
realization of human rights.
The Shadow Report is born of readings rooted in real-life struggles.
Members of civil society organisations were responsible for these.
From these readings diverse perspectives, hopes and aspirations are
brought together. We acknowledge that this report is not a
synthesis, nor is it exhaustive in terms of analysis or popular
aspirations. It represents a wealth of possibilities from which we
were able to form this report.
The report is addressed to the UN Committee on Economic, Social and
Cultural Rights to help them to understand the Brazilian situation.
It is also addressed to Brazilian governmental bodies so that upon
hearing the voice of civil society they can make proposals for
advances in the realization of human rights - their prime
responsibility. It is also addressed to leaders and directors of
civil society organisations so that they are inspired to continue
building processes of mobilisation and struggle. Finally, it is
addressed to all Brazilians, encouraging them to strengthen their
belief that the construction of a society that respects and promotes
human rights is a commitment that cannot be postponed.
The organisations and networks which coordinated this process thank
all the people, leaders, organisations and groups that participated
in the Shadow Report. The strength of this undertaking lies in the
countless and indescribable processes generated during the drawing
up of the document. The presentation of this document creates new
challenges for the organisations and networks involved in this
Shadow Report, especially as this Shadow Report is seen as part of a
process. These organisations pledge to ensure that there is
continuity to this process in the most diverse forms. They call upon
all the people who participated in some way in the drawing up of
this document to use it as an instrument for strengthening the
struggle. The systemised nature of this document lies in its
capacity to become an instrument that strengthens the struggle for
the realisation of all rights and especially the economic, social
and cultural rights of all Brazilians.
Brasília, June 2007.
Co-ordination of the Project for Monitoring Human rights in Brazil
Articulation of the Partners of Misereor in Brazil
National Human Rights Movement
Brazilian Platform of Economic, Social, Cultural and Environmental Human
Rights (Plataforma Dhesca)
Processo de Articulação e Diálogo entre Agências Enumênicas Européias e
suas Contrapartes Brasileiras. INTRODUCTION The intro