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1348885* E/C.12/Ven/3 United Nations E/C.12/VEN/3 Economic and Social Council Distr.: General 20 November 2013 English Original: Spanish Committee on Economic, Social and Cultural Rights Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights Third periodic reports of States parties due in 2006 Bolivarian Republic of Venezuela* [29 May 2013] * The present document is being issued without formal editing. GE.13-48885 (EXT) *1348885* E/C.12/VEN/3 Contents Page I. Introduction................................................................................................................................... 3 Methodology ................................................................................................................................. 5 II. Response to the Committee’s previous concluding observations.................................................. 5 A. Response to the Committee’s subjects of concern................................................................ 5 B. Response to the Committee’s suggestions and recommendations........................................ 29 III. Implementation of specific articles of the Covenant..................................................................... 45 Article 1......................................................................................................................................... 45 Article 2......................................................................................................................................... 47 Article 3......................................................................................................................................... 51 Article 4......................................................................................................................................... 52 Article 5......................................................................................................................................... 52 Article 6......................................................................................................................................... 52 Article 7......................................................................................................................................... 57 Article 8......................................................................................................................................... 62 Article 9......................................................................................................................................... 64 Article 10....................................................................................................................................... 67 Article 11....................................................................................................................................... 75 Article 12....................................................................................................................................... 84 Article 13....................................................................................................................................... 90 Article 15....................................................................................................................................... 98 Annex .................................................................................................................................................... 106 2 GE.13-48885 (EXT) E/C.12/VEN/3 I. Introduction 1. The Venezuelan State, aware of the importance of promoting and protecting the human rights of all the country’s inhabitants, submits to the Committee on Economic, Social and Cultural Rights its third periodic report on the application of the International Covenant on Economic, Social and Cultural Rights. 2. In accordance with article 1, paragraph 16, of the Covenant, Venezuela presents its third periodic report (2002–2010), detailing its achievements and efforts in protecting, safeguarding and realizing the human rights provided for in the Covenant. In this connection, title III, chapter I, article 23, of the Venezuelan Constitution states: “Human rights treaties, covenants and conventions signed and ratified by Venezuela have constitutional status and take precedence in domestic law, insofar as they contain provisions concerning the enjoyment and exercise of such rights that are more favourable than those established by this Constitution and the laws of the Republic, and are immediately and directly applicable by the courts and other public bodies.” 3. The promulgation of the Constitution of the Bolivarian Republic of Venezuela establishes a democratic and social State governed by the rule of law and justice, which undertakes to ensure the well-being of its citizens and create the necessary conditions for their social and spiritual development in keeping with the principles of inclusion and equality, so that they may develop their personalities freely and enjoy to the full the human rights conducive to improvement of their quality of life. 4. A Constitution founded on the defence, protection and realization of human rights and establishing public policies for the implementation and sustained development of programmes and projects by all branches of Government represents a significant step towards the construction of a more democratic, participatory and proactive society. The present report is submitted pursuant to this goal and in keeping with the commitment to continuous self-evaluation of the effective implementation of national legislation and international human rights agreements duly signed by the Bolivarian Republic of Venezuela. 5. The Venezuelan State has promoted and progressively realized social justice by incorporating social sectors historically denied proper welfare conditions, by guaranteeing social rights on a universal and equitable basis, by improving income and wealth distribution, by promoting political and social participation across the board and by fostering joint responsibility for the observance of human rights and the transfer of power to the citizen in everyday matters of public interest, with a view to attaining the greatest possible happiness and well-being and a decent standard of living throughout a person’s life. 6. In the period under review, significant changes have taken place in Venezuela, marked by the creation, renewal and transformation of institutions responsible for implementing and realizing human rights, by greater government legitimacy based on an inclusive approach to social policy on the part of the State and by significant advances with regard to the economic, social and cultural rights of all persons without discrimination, including majorities excluded for over five hundred years, while continuing to include the privileged sectors. 7. To this end, the State has made great human, economic and institutional efforts, exemplified by the planning and organization of the Social Missions. These came into being as projects for implementing public policies to safeguard people’s human rights, in particular education in all its forms, comprehensive health care, appropriate and adequate food, identity, decent employment, culture, sport and recreation, housing and habitat, GE.13-48885 (EXT) 3 E/C.12/VEN/3 focusing on sectors historically excluded while maintaining the entitlement of sectors already included. One of the basic elements for implementing public policies for realizing economic, social and cultural rights has been the active participation and leading role of the organized communities in promoting and fostering universal and effective respect for human rights. 8. During this period, the Venezuelan State has implemented the National Economic and Social Development Plan 2001–2007 and the Simón Bolívar National Project – National Social and Economic Development Plan for 2007–2013, providing for activities and goals for achieving balance and interdependence in the economic, social, political, national and international spheres, a process in which the State and local communities play a key role. It is not simply a matter of ensuring universal access to all human rights but also of transforming the public into agents of their own development process, which is entailing the structural transformation of society in the face of the historic injustices suffered by the majorities. 9. It must be borne in mind that during the period covered by this report Venezuela experienced two events harmful to the country and its people, which impacted directly on human rights. On 11 and 12 April 2002, democracy in Venezuela was the victim of a carefully planned coup d’état that led to the overthrow of the legitimate, democratic and constitutional government of Hugo Chávez, elected by a majority in a universal, direct and secret suffrage. The coup lasted scarcely 47 hours, during which time the Constitution and the Government were abolished and usurpers were appointed. This action was promoted and financed by imperialist elements in the Government of the United States of America and certain European states and carried out by the usual “insider” groups, privileged leaders of particular business organizations and of the employers’ organization, the Venezuelan Federation of Chambers of Commerce (FEDECAMARAS). During the coup, it was in fact the President of FEDECAMARAS who was appointed and had himself proclaimed de facto President, with the backing of all the opposition
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